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DENTAL  JURISPRUDENCE 


THE  LAW  EELATINa  TO  DENTISTS  AND 
THE  PRACTICE  OF  DENTISTRY 


BY 


WILLIAM  E.  MIKELL 

PROFESSOR  OF  LAW  IN  THE   tTNIVBRSITY  OF  PENNSYLVANIA 


LEA  &  FEBIGER 

PHILADELPHIA    AND    NEW    YORK 


""  "^  -?  ?-  'CS" 

Entered  according  to  the  Act  of  Congress,  in  the  year  1912,  by 

LEA    &    FEBIGER 
in  the  office  of  the  Librarian  of  Congress.     All  rights  reserved. 


PREFACE 


This  work  is  designed  as  a  text-book  for  dental  students, 
and  as  a  manual  of  the  law  relating  to  dentistry  for  the 
practitioner  in  that  profession.  An  increasing  number  of 
States  are  requiring  by  law  a  knowledge  of  dental  jurispru- 
dence as  a  prerequisite  to  the  right  to  practise  dentistry, 
and  it  has  seemed  to  the  author  that  to  provide  a  work  com- 
prehensively affording  such  knowledge  would  serve  a  useful 
purpose.  Dentistry  is  now  recognized  both  by  statutory 
law  and  judicial  decisions  as  a  specialty  of  medicine  and 
surgery,  and  the  same  need,  therefore,  exists  among  dentists 
as  among  physicians  and  surgeons  for  an  understanding  of 
their  legal  relations.  The  book  was  not  written  with  the 
objdct  of  making  every  dentist  his  own  lawyer,  but  it  is 
hoped  that  it  will  assist  its  readers  of  the  dental  profession 
to  a  clear  understanding  of  their  relations  to  their  own 
profession,  to  their  patients  and  to  the  State. 

Chapter  X  contains  the  statutes  of  the  United  States, 

Great  Britain,  and  their  colonies  governing  the  practice  of 

dentistry.     Most  of  these  statutes  are  reprinted  in  full, 

but  in  a  few  cases  sections  not  of  immediate  use  or  interest 

to  dentists  or  dental  students  have  been  omitted.     When 

omissions  occur  the  subject  matter  of  the  omitted  portions 

is  indicated  in  the  text. 

W.  E.  M. 

Philadelphia,  1912. 


Digitized  by  the  Internet  Archive 

in  2010  with  funding  from 

Open  Knowledge  Commons 


http://www.archive.org/details/dentaljurisprudeOOmike 


CONTENTS 


CHAPTER  I 
Status  of  the  Dentist 17 

CHAPTER  II 

The  Right  to  Practise  Pentistrt 

Power  of  the  State  to  Regulate  Practice 22 

Requirements  of  Statutes  Regulating  Practice. 

In  General 25 

License  to  Practise.     Powers  of  Dental  Board       ....  26 

Registration 32 

Revocation  of  License 34 

Effect  of  Fulfilment  of  Requirements 39 

CHAPTER  III 

Relation  between  Dentist  and  Patient 

Time  at  Which  the  Relation  Commences 40 

The  Contract  of  Employment. 

In  General 40 

Contracts  Required  to  be  in  Writing 41 

Express  Contracts 43 

Implied  Contracts 46 

Delegation  of  the  Contract 47 

Contracts  Made  or  to  be  Performed  on  Sunday     ....  48 

Gifts  by  Patient  to  Dentist 49 

CHAPTER  IV 

Liability  op  Patient  to  Dentist 

Liability  for  Breach  of  Contract 50 

Liability  for  Compensation 51 


VI  CONTENTS 

Liability  for  Compensation — 

In  General 51 

What  Persons  are  Liable. 

Liability  of  Infants •  .  52 

Liability  of  Parent 57 

Liability  of  Husband. 

For  Services  before  Marriage         64 

For  Services  during  Marriage 65 

For  Services  during  Separation 68 

Liability  of  Third  Persons 60 

Liability  of  Employer 71 

Liability  of  County  or  State. 

For  Services  to  Paupers,  etc 71 

For  Services  at  Coroner's  Inquest 72 

Liability  for  Services  of  Unlicensed  Dentist 73 

Burden  of  Proving  License 76 

Effect  of  Malpractice  on  LiabiUty 78 

When  Compensation  is  Due 79 

Interest  on  Claim 80 

Evidence  to  Establish  Liability ■  .  80 

Statute  of  Limitations 86 

CHAPTER  V 

Liability  op  Dentist  to  Patient  fok  Breach  of  Contract 

In  General 89 

Failure  to  Use  Proper  Materials 91 

Quality  of  Material 93 

Failure  to  Complete  Work  in  Time 94 

Meaningof  the  Word  "About" 96 

Breach  of  Warranty  of  Cure 97 

CHAPTER  VI 

Liability  of  Dentist  to  Patient  for  Malpractice 

Definition  of  Malpractice 102 

Time  at  which  Liability  Commences 102 

Lack  of  Skill  or  Care  giving  Rise  to  Liability. 

In  General .  104 

Effect  of  Locality 106 

Effect  of  the  State  of  the  Science 108 

Effect  of  Established  Methods  of  Treatment 109 


CONTENTS  Vll 

Lack  of  Skill  or  Care  giving  Rise  to  Liability — • 

When  Services  are  Gratuitous Ill 

Liability  for  Insufficient  or  Erroneous  Diagnosis Ill 

Liability  for  Advising  Erroneous  Treatment 113 

Liability  for  Erroneous  Prescription 114 

Liability  for  Omission  to  Give  Instructions 114 

Liability  for  Abandonment  of  Patient     . 115 

Notification 117 

Consent  of  Patient 117 

Discharge  of  Patient 118 

Liability  for  Communication  of  Disease  to  Patient       .      .  .  122 

Liability  for  Improper  Use  of  Anesthetics 123 

Liability  for  Treating  Patient  without  Consent 124 

Consent  of  Relatives 126 

Consent  Presumed 126 

Extending  Operation 128 

Effect  of  Admission  of  Lack  of  Skill 129 

Liability  for  Malpractice  of  Others. 

Assistant 130 

Partner 130 

Substitute 131 

Druggist 131 

Effect  of  Contributory  Negligence  of  Patient     ...:..  132 

Effect  of  Recovery  of  Fee 133 

Proof  of  Malpractice 134 

Damages  for  Malpractice 137 

Statute  of  Limitations 138 


CHAPTER  VII 

Liability  of  Dentist  to  the  State 

Liability  for  Illegal  Practice. 

In  General 140 

Liability  for  Practising  under  a  False  Pretence     ....  146 

Liability  for  Practising  after  Revocation  of  License    .      .  148 

Burden  of  Proving  Right  to  Practise 150 

Construction  of  Statute 151 

Statute  of  Limitation 151 

Assault  and  Battery 151 

Rape 152 


viii  CONTENTS 

Homicide 153 

Consent  of  Patient 154 

Practising  on  Sunday 155 

CHAPTER  VIII 

The  Dentist  as  a  Witness 

Securing  Attendance 156 

Excuses  for  Non-attendance • 157 

Witness  Fees 158 

Privileged  Communications 163 

Expert  Testimony. 

In  General ' 170 

Use  of  Books 177 

Reexamination 180 

CHAPTER  IX 

Liability  of  Dentist  to  Jury  Duty       .      .      .  181 

CHAPTER  X 

Statutes  Regulating  the  Practice  of  Dentistry 

Alabama 186 

Arizona •      ■      •  189 

Arkansas 193 

California 195 

Colorado 203 

Connecticut 205 

Delaware 209 

District  of  Columbia 212 

Florida 214 

Georgia 218 

Idaho 222 

Illinois 225 

Indiana 232 

Iowa 237 

Kansas 240 

Kentucky 243 

Louisiana 246 

Maine 248 


CONTENTS  IX 

Maryland 249 

Massachusetts •     .      .      .      .  251 

Michigan 253 

Minnesota 259 

Mississippi 262 

Missouri 264 

Montana       .      .      .      .' 269 

Nebraska 272 

Nevada 282 

New  Hampshire 288 

New  Jersey 290 

New  Mexico 297 

New  York 300 

North  CaroUna .      .  ■ 308 

North  Dakota    . 311 

Ohio 314 

Oklahoma 319 

Oregon     . 322 

Pennsylvania 328 

Rhode  Island 333 

South  Carolina 335 

South  Dakota 336 

Tennessee .  339 

Texas 341 

Utah 344 

Vermont 350 

Virginia   . 351 

Washington 359 

West  Virginia 363 

Wisconsin 366 

Wyoming 369 

Hawaii 372 

Philippine  Islands 376 

England 381 

Alberta 393 

British  Columbia 403 

Manitoba 418 

New  Brunswick 427 

Newfoundland 436 

Nova  Scotia 439 

Ontario 448 

Prince  Edward  Island 455 


X  -  CONTENTS 

Quebec 459 

Saskatchewan 475 

New  South  Wales 486 

Queensland 492 

Tasmania 500 

Victoria 506 

Western  Australia 516 

Cape  of  Good  Hope 524 

Natal 535 

Northern  Nigeria  540 

Southern  Nigeria 543 

Orange  River  Colony     ....  546 

Transvaal 555 


INTRODUCTION 


The  opportunities  of  dental  practice  involve  correspond- 
ing responsibilities  which  mutually  affect  the  dental  practi- 
tioner and  the  public  whom  he  serves.  In  too  many  instances 
the  first  knowledge  of  these  responsibilities  is  made  evident 
to  the  dentist  by  an  action  at  law  in  which  he  is  reluctantly 
called  upon  to  play  the  part  of  defendant;  on  the  other  hand, 
many  instances  also  arise  in  which  the  obligations  of  the 
public  to  the  dental  practitioner  are  ignored  to  an  extent 
that  makes  it  necessary  for  him  to  have  recourse  to  legal 
action  in  order  to  secure  equitable  adjustment  of  a  proper 
claim. 

The  multiplicity  of  these  instances  has  resulted  in  an 
accumulation  of  decisions  which  have  established  specific 
legal  principles  covering  the  mutual  obligations  and  rela- 
tions of  the  dentist  and  the  public.  It  is  the  issues  thus 
defined,  together  with  the  several  statutory  enactments 
governing  dental  licensure  and  practice,  that  collectively 
constitute  dental  jurisprudence. 

The  lack  of  a  fair  degree  of  knowledge  of  this  specialized 
department  of  the  law  has  been  one  of  the  conspicuous 
defects  in  the  training  of  dental  students  for  the  practice  of 
their  profession.  Besides  the  fact  that  the  data  constituting 
dental  jurisprudence  have  only  recently  accumulated  to  a 
"degree  and  extent  sufiicient  to  warrant  its  recognition  as  a 


xil  INTRODUCTION 

special  department  of  law,  the  lack  of  a  s^'stematic  treatise 
presenting  the  subject  not  as  a  collection  of  disjointed  facts, 
but  rather  as  a  philosophic  exposition  of  underlying  prin- 
ciples, has  been  one  of  the  main  obstacles  to  the  practical 
incorporation  of  dental  jurisprudence  as  a  part  of  the 
under-graduate  curriculum  in  dentistry. 

Professor  Mikell's  work  adequately  meets  the  need  for 
such  a  text-book.  A  recognized  authority  in  criminal  law, 
he  has  made  a  special  study  of  dental  jurisprudence,  bring- 
ing to  his  task  not  only  a  deep  erudition,  but  also  the  experi- 
ence of  a  skilled  teacher.  He  has  treated  his  topic  from  the 
viewpoint  of  the  principles  involved,  and  illustrated  these 
principles  with  typical  cases  which  have  served  to  establish 
the  legal  precedents  upon  which  the  fabric  of  dental  juris- 
prudence rests.  The  work  is  confidently  recommended  to 
teachers  as  a  trustworthy  text-book,  and  to  the  dental  pro- 
fession at  large  as  a  reliable  reference  work  on  the  subject 
within  its  scope.  It  embraces  an  amount  and  character  of 
information  which,  w^hen  included  as  part  of  the  educational 
equipment  of  the  dental  practitioner,  cannot  fail  to  safe- 
guard him  from  the  unfortunate  consequences  of  many  acts 
in  which  from  ignorance  or  inadvertence  he  may  too  easily 
become  involved. 

Edward  C.  Kirk. 


DENTAL  JURISPRUDENCE 


CHAPTER    I 

STATUS   OF  THE   DENTIST 

Perhaps  a  legal  definition  of  dentistry  has  not  yet  been 
formulated.  The  statutes  of  some  States  imply  that  den- 
tistry is  a  branch  of  medicine  or  surgery.  Thus  the  statute 
of  Michigan  regulating  the  practice  of  medicine  or  surgery 
provides:  "from  practising  medicine  or  surgery  (except 
dentistry)."  The  definitions  in  some  statutes  of  "practice 
of  medicine"  are  broad  enough  to  include  the  practice  of 
dentistry,  and  vice  versa.  Thus  the  act  of  1882  of  Missis- 
sippi, section  20,  provides  that  the  words  "  practice  of  medi- 
cine shall  mean  to  suggest,  recommend,  prescribe,  or  direct 
for  the  use  of  any  person,  any  drug,  medicine,  appliance,  or 
other  agency,  whether  material  or  not  material,  for  the  cure, 
relief,  or  palliation  of  any  ailment  or  disease  of  the  mind 
or  body,  or  for  the  cure  or  relief  of  any  wound,  fracture,  or 
other  bodily  injury,  or  any  deformity."  Plainlj^  the  use  of 
appliances  for  straightening  teeth  would  come  within  this 
definition,  as  would  treatment  for  pyorrhea.  One  statute,  at 
least,  in  terms  recognizes  dentistry  as  a  branch  of  medicine 
and  surgery.  The  statute  of  Virginia  of  March  14,  1910, 
Acts  of  Assembly,  267,  relating  to  dentistry,  states  in  the 
preamble,  "Recognizing  that  dentistry  is  a  specialty  of 
medicine  and  surgery;  therefore — " 

On  the  other  hand,  the  provision  of  the  law  of  Minnesota 
defining  the  practice  of  dentistry,  viz.,  any  person  who  shall 
"treat  diseases  or  lesions  of  the  human  teeth  or  jaws,  or 
2 


18  STATUS  OF  THE  DENTIST 

correct  malpositions  thereof,"  would  certainly  include  the 
practice  of  surgery.  Gilfillan,  C.  J.,  in  State  v.  Vandersluis/ 
recognizes  this  when,  after  speaking  of  the  right  of  the 
State  to  regulate  the  practice  of  medicine,  he  says:  "The 
same  reasons  apply  with  equal  force  to  the  profession  of 
dentistry,  which  is  but  a  branch  of  the  medical  profession. 
There  may  be  diseases  of,  and  hurts  to,  and  operations 
upon,  the  jaws  that  are  within  the  legitimate  profession 
both  of  the  general  surgeon  and  of  the  dentist." 

So  the  ]\Iississippi  Court  of  Errors  and  Appeals  has  held 
that  dentistry  is  a  department  of  the  medical  art.  In 
Whitcomb  v.  Reid^  the  question  before  the  court  was  whether 
a  dentist's  instruments  were  exempt  from  execution  under  a 
statute  exempting  the  "tools  of  a  mechanic  necessary  for 
carrying  on  his  trade."  The  court  said:  "We  do  not  think 
that  this  provision  can  be  extended  to  the  description  of 
instruments  in  question.  A  dentist  cannot  be  properly 
denominated  a  'mechanic'  It  is  true  that  the  practice  of 
his  art  requires  the  use  of  instruments  for  manual  operation, 
and  that  much  of  it  consists  in  manual  operation;  but  it 
also  involves  a  knowledge  of  the  physiology  of  the  teeth, 
which  cannot  be  acquired  but  by  a  proper  course  of  study; 
and  this  is  taught  by  learned  treatises  upon  the  subject, 
and  as  a  distinct,  though  limited,  department  of  the  medical 
art  in  institutions  established  for  the  purpose.  It  requires 
both  science  and  skill;  and  if  such  persons  could  be  included 
in  the  denomination  of  'mechanics,'  because  their  pursuit 
required  the  use  of  mechanical  instruments  and  skill  in 
manual  operation,  the  same  reason  would  include  general 
surgeons  under  the  same  denomination,  because  the  practice 
of  their  profession  depends,  in  a  great  degree,  upon  similar 
instruments  and  operative  skill. 

"Nor  could  such  a  pursuit  properly  be  said  to  be  a  'trade.' 
That  term  is  defined  to  denote  'the  business  or  occupa- 
tion which  a  person  has  learned,  and  which  he  carries  on 
for.  procuring    subsistence,   or    for   profit  —  particularly    a 

1  42  Minn.,  130  (1889),  ,  2  31  Miss.,  567  (1856) 


STATUS  OF  THE  DENTIST  19 

mechanical  employment,  distinguished  from  the  liberal  arts 
and  learned  professions,  and  from  agriculture.'  (Webster's 
Diciionary.)  It  is  manifest  that  a  pursuit  requiring  a 
correct  knowledge  of  the  anatomy  and  physiology  of  a 
part  of  the  human  body,  as  well  as  mechanical  skill  in  the 
use  of  the  necessary  instruments,  could  not  be  properly 
denominated  a  'trade.'" 

As  this  case  recognized  dentistry  as  a  department  of  the 
medical  art,  so  in  State  v.  Beck^  the  court  recognized  it 
as  a  branch  of  surgery.  Said  the  court:  "Dentistry  is  now 
a  "well-recognized  branch  of  surgery.  A  dentist  is  a  dental 
surgeon.  He  performs  surgical  operations  upon  the  teeth 
and  jaw,  and,  as  incidental  thereto,  upon  the  flesh  con- 
nected therewith.  His  sphere  of  operation,  then,  as  before 
intimated,  is  included  in  the  larger  one  of  physician  and 
surgeon."  So  in  People  v.  Phippen^  the  court  said:  "If 
the  complaint  had  been  for  holding  himself  out  to  practise 
surgery  there  might  have  been  some  force  in  the  objection, 
as  dentistry  may  be  said  to  be  a  branch  of  surgery,  though 
upon  this  we  express  no  opinion." 

There  are  a  few  decisions  that  dentistry  is  not  a  branch 
or  department  of  medicine  or  surgery.  In  State  v.  Fisher,^ 
this  conclusion  is  reached  by  a  bare  majority  of  four 
judges  to  three;  and  in  People  v.  De  France.^  In  the 
first  case  the  question  was  whether  the  relator,  a  dental 
surgeon,  was  exempt  from  jury  duty  under  the  laws  of 
Missouri.  The  statutes  provided  that  persons  actually 
exercising  the  functions  of  a  practitioner  of  medicine  were 
exempt.  The  majority  of  the  court  after  pointing  out  the 
rule  of  law  that  "privileges  and  exceptions  are  not  favored 
in  the  law,"  held  that  the  relator  was  not  "a  practitioner 
of  medicine  and  surgery  in  any  of  their  departments." 

Of  course,  it  does  not  follow  that  because  dentistry  is  a 
branch  or  department  of  medicine  or  surgery,  that  a  dentist 
is  necessarily  a  "surgeon"  or  "physician"  w^ithin  the  mean- 
ing of  the  statutes  using  those  terms.     It  must  depend  in 

1  21  R.  I.,  288  (1899).  =  70  Mich.,^  (1888). 

s  119  Mo.,  344. (1893).  *  104  Mich.,  563  (1895). 


20  STATUS  OF  THE  DENTIST 

each  case  on  the  intent  of  the  Legislature.  This  is  shown 
in  the  case  of  People  v.  De  France. ^  The  question  in  this 
case  was  whether  a  dentist  should  be  allowed  to  testify  as 
to  communications  made  to  him  by  a  patient.  A  statute 
forbade  a  surgeon  or  physician  from  so  testifying.  The 
court  in  holding  that  the  act  did  not  apply  to  a  dentist 
said:  "The  purpose  of  the  act  is  to  be  considered  in  deter- 
mining whether  the  dentist  was  intended  to  be  included 
within  its  terms — the  prime  object  of  the  act  was  to  invite 
confidence  in  respect  to  ailments  of  a  secret  nature.  Cer- 
tainly, the  terms  'dentist'  and  'surgeon'  are  not  interchange- 
able, and  if  a  dentist  is  to  be  held  a  surgeon  within  the 
meaning  of  the  act,  it  must  be  because  his  business  as  a 
dentist  is  a  branch  of  surgery.  It  is  apparent  that  the  act 
relates  to  general  practitioners  and  to  those  whose  business 
as  a  whole  comes  within  the  definition  of  'physician'  or 
'surgeon.' " 

So  in  North  Carolina^  it  has  been  held  that  a  dentist  is 
not  a  "physician"  within  the  meaning  of  a  statute  allowing 
a  sale  on  Sunday  of  whisky  on  the  prescription  of  a  physi- 
cian. The  court  said  that  the  Legislature  recognized  the 
distinction  between  the  dentist  and  the  physician  in  pro- 
viding for  the  regulation  of  the  practice  of  each  in  different 
sections  of  the  Code.  In  Iowa  it  has  been  held  that  an 
itinerant  dentist  is  not  an  itinerant  physician  or  surgeon.^ 
The  Supreme  Court  of  Michigan  has  drawn  a  distinction 
between  the  mechanical  and  scientific  work  of  the  dentist. 
In  Maxon  v.  Perrott^  the  court,  in  holding  that  a  dentist's 
instruments  were  not  exempt  from  execution  under  a 
statute  exempting  "mechanical  tools,"  said:  "A  dentist 
is  in  one  sense  a  professional  man,  but  in  another  sense  his 
calling  is  mainly  mechanical,  and  the  tools  he  employs  are 
used  in  mechanical  operations.  ...  Of  late,  however, 
as  the  physiology  of  the  human  system  has  become  better 
understood,  and  the  relations  of  its  various  parts  and  their 

1  104  Mich.,  563  (1895).  2  State  v.  McMinn,  118  N.  C,  1259  (1886). 

3  City  of  Cherokee  v.  Perkins,  118  Iowa,  405  (1902). 
*  17  Mich.,  332  (1868). 


STATUS  OF  THE  DENTIST  21 

mutual  dependence  are  more  clearly  recognized,  dentistry 
has  made  great  progress  as  a  science,  and  its  practitioners 
claim,  with  much  justice,  to  be  classed  among  the  learned 
professions.  It  is,  nevertheless,  true  that  the  operations  of 
the  dentist  are  still  for  the  most  part  mechanical,  and,  so  far 
as  tools  are  employed,  they  are  purely  so;  and  we  could  not 
exclude  these  tools  from  the  exemption  which  the  statute 
makes  without  confining  the  construction  of  the  statute 
within  limits  not  justified  by  the  words  employed.  The 
ordinary  meaning  of  'mechanical  tools,'  it  is  plain,  will 
include  those  in  question,  and  there  is  nothing  in  the  context 
which  will  justify  us  in  saying  that  the  legislative  design 
would  exclude  them." 

Indeed,  the  courts  are  more  concerned  in  trying  to  do 
justice  and  to  interpret  the  legislation  well  than  in  making 
nice  distinctions  between  "professions"  and  "trades," 
and  "arts"  and  "sciences."  They  have  not  hesitated,  when 
justice  seemed  to  demand  it,  to  hold  that  the  practice  of 
medicine  was  a  "trade"  and  a  physician  a  "tradesman." 
Thus  in  Woodfield  v.  Colzey^  the  question  arose  as  to 
whether  a  physician  was  entitled  to  interest  on  a  claim  for 
his  services.  The  statute  provided  that  the  accounts  of 
"merchants,  tradesmen,  and  mechanics"  should  have 
interest.  The  court  in  holding  that  the  physician  was 
entitled  to  interest  under  the  statute  said:  "The  word 
'tradesman'  does  not,  perhaps,  ordinarily,  cover  physicians; 
but  they  have  a  trade,  an  art,  a  mystery.  They  usually 
give  it  a  more  dignified  name,  to  wit,  profession.  One  of 
the  definitions  of  trade  given  by  Webster  is  'the  business  a 
man  has  learned  by  which  he  earns  his  livelihood.'  And 
this,  at  last,  is  the  point  of  the  word." 

1  47  Ga.,  121  (1S72). 


CHAPTER    II 

THE  RIGHT  TO  PRACTISE  DENTISTRY 
POWER  OF  THE  STATE  TO  REGULATE  PRACTICE 

The  State  has  the  right  to  regulate  the  practice  of  den- 
tistry within  its  borders,  and  to  prescribe  such  reasonable 
conditions  as  a  prerequisite  to  the  practice  as  are  calculated 
to  exclude  from  the  profession  those  who  are  unfitted  to 
discharge  its  duties.^ 

In  England,  Parliament,  being  supreme,  may  prescribe 
what  conditions  it  pleases  as  a  prerequisite  to  the  right  to 
practise.  In  the  United  States  the  right  to  practise  is  regu- 
lated by  the  State  Legislatures,  and  while  their  power  to 
prescribe  conditions  is  large,  it  is  limited  by  and  must  be 
exercised  in  conformity  with  the  constitution  of  the  State 
and  of  the  Federal  Government.  As  said  by  the  court  in 
Wilkins  t.  State  •?  "  The  courts  must  take  judicial  knowledge 
that  it  [the  dental  profession]  is  a  profession  requiring 
skill  .  .  .  and  that  one  unskilled  in  the  profession  may 
injure  the  person  who  employs  him.  As  this  is  so,  then, 
the  Legislature  may  prescribe  the  qualifications  of  those 
permitted  to  practise  that  profession.  .  .  .  As  it  has 
plenary  power  of  the  whole  subject,  it  alone  must  be  the 
judge  of  what  is  wise  and  expedient,  both  as  to  the  qualifica- 
tions required  and  as  to  the  method  of  ascertaining  those 
qualifications.  The  courts  cannot  exercise  any  supervisory 
power  over  the  Legislature  as  long  as  it  keeps  within  the 
limits  of  the  constitution."  It  is  within  those  limits  "if 
the  regulations  and  conditions  it  prescribes  are  adopted  in 

1  State  ex  rel.  Smith  v.  Dental  Examiners,  31  Wasli.,  492  (1903). 

2  113  Ind.,  514  (1887). 


POWER  OF  THE  STATE  TO  REGULATE  PRACTICE     23 

good  faith,  and  they  operate  equally  upon  all  who  may  desire 
to  practise,  and  who  possess  the  required  qualifications,  and 
if  they  are  adapted  to  the  legislative  purpose  of  promoting 
the  health  and  welfare  of  the  people  by  excluding  from  the 
practice  those  who  are  ignorant  and  incapable."^ 

If  these  conditions  are  fulfilled  by  the  law  it  is  not  uncon- 
stitutional, though  the  conditions  it  imposes  on  those  desiring 
to  practise  are  rigorous,  impolitic,  and  unjust.^  The  require- 
ment of  a  diploma  as  a  condition  of  the  right  to  practise 
does  not  render  the  law  unconstitutional.^ 

Nor  does  the  fact  that  the  law  requires  the  possession  of 
a  diploma,  as  a  condition  of  being  allowed  to  practise,  by 
those  not  practising  in  the  State  at  the  time  the  law  was 
enacted,  while  allowing  those  persons  to  practise  without  a 
diploma  who  were  practising  in  the  State  at  the  time  the 
law  w^as  enacted,  render  the  law  unconstitutional  as  con- 
flicting with  sec.  2,  Art.  IV,  of  the  Federal  Constitution 
providing:  "The  citizens  of  each  State  shall  be  entitled  to 
all  the  privileges  and  immunities  of  citizens  in  the  several 
States;"  or  with  sec.  1  of  the  14th  amendment  of  the  Con- 
stitution providing:  "No  State  shall  make  or  enforce  any 
law  which  shall  abridge  the  privileges  or  immunities  of 
citizens  of  the  United  States."* 

Nor  is  an  act  unconstitutional  as  "depriving  a  person 
of  the*  right  to  follow  a  lawful  occupation;  or  as  making 
it  a  crime  to  pursue  a  lawful  occupation;  or  as  depriving  a 
person  of  natural  rights;  of  social  rights;  or  of  property; 
without  due  process  of  law,"  which  provides  that  a  person 
practising  dentistry  in  the  State  at  the  date  of  the  passage 
of  the  law  shall  be  guilty  of  a  misdemeanor  if  he  does  not 
cause  his  name  to  be  registered  with  a  board  of  examiners 
within  three  months  of  the  passage  of  the  act.^ 

Neither  is  a  statute  empowering  a  board  of  examiners  to 
grant  permits  to  practise  dentistry,  which  statute  does  not 

'  State  V.  Creditor.  44  Kan.,  565  (1890).  ^  Jbid. 

3  state  V.  Vandersluis,  42  Minn..  129  (1889);  State  v.  Mcintosh,  205  Mo  ,  589  (1907). 
*  Ibid. 
6  Gosnell  v.  State,  52  Ark.,  228  (1889). 


24  THE  RIGHT  TO  PRACTISE  DENTISTRY 

provide  for  an  appeal  from  the  decisions  of  the  board,  uncon- 
stitutional as  not  affording  "due  process  of  law."^ 

A  statute  providing  for  the  appointment  of  the  board  of 
dental  examiners  by  the  State  Dental  Association  is  not 
in  violation  of  a  constitutional  provision  forbidding  "the 
granting  of  privileges  which  shall  not  upon  the  same  terms 
equally  belong  to  all  citizens."^ 

A  statute  requiring  an  examination  of  all  persons  who 
desire  to  practise  dentistry,  and  providing  that  any  person 
who  practises  without  being  registered  and  obtaining  a 
certificate,  etc.,  shall  be  guilty  of  a  misdemeanor,  is  not 
unconstitutional  as  ''depriving  a  person  of  life,  liberty,  or 
property,  unless  by  the  judgment  of  his  peers,  or  the  law  of 
the  land,"  as  to  one  practising  dentistry  before  the  passage 
of  the  law.^ 

Nor  does  said  law  conflict  with  a  constitutional  provision 
vesting  all  legislative  power  in  a  Legislature.^  Nor  does 
said  law,  as  applied  to  a  non-resident  dentist  coming  into 
the  State,  conflict  with  the  federal  constitution,  Art.  4, 
sec.  2,  declaring  that  the  citizens  of  each  State  shall  be 
entitled  to  all  the  privileges  and  immunities  of  citizens  of 
the  several  States;  or  with  sec.  1  of  the  14th  amendment, 
providing  that  no  State  shall  make  or  enforce  any  law  which 
abridges  the  privileges  or  immunities  of  citizens  of  the  United 
States.  Nor  does  such  law  as  applied  to  a  non-resident 
dentist  holding  a  certificate  from  another  State,  conflict 
with  Art.  4,  sec.  1,  requiring  full  faith  and  credit  to  be  given 
in  each  State  to  the  public  acts,  records  and  judicial  pro- 
ceedings of  every  other  State.^ 

Nor  does  such  law  conflict  with  sec.  1  of  Art.  14  of  the 
Amendments  to  the  federal  constitution,  as  depriving  a 
dentist  licensed  in  another  State  and  desiring  to  practise  in 
the  State  where  the  act  is  in  force,  of  his  liberty  or  property 
without  due  process  of  law.'' 

Some  statutes  after  defining  dentistry  and  prohibiting 

1  Ferner  v.  State,  151  Ind..  247  (1898).  2  Ibid. 

3  State  V.  Rosenkrans,  75  Atl.,  491  (R.  I.)  (1910).  ■•  Ibid. 

6  Ibid.  6  Ibid. 


STATUTES  REGULATING  PRACTICE  25 

persons  from  practising  unless  licensed,  except  from  the 
operation  of  the  law  students  of  dentistry  during  the  period 
of  enrolment  in  a  dental  college  in  the  State.^ 

Such  provisions  are  not  unconstitutional  as  being  arbitrary 
measures  for  the  benefit  of  dentists;  nor  as  giving  a  preference 
to  schools  of  dentistry  within  the  State  as  against  those 
out  of  it.2 

Neither  is  a  statute  void  for  unlawful  discrimination, 
which  allows  students  of  dentistry,  who  have  no  diploma,  to 
operate  upon  the  teeth  and  jaws  during  the  period  of  their 
enrolment  in  a  dental  college,  and  excluding  others.^ 

The  statute,  however,  to  be  constitutional,  must  not 
impose  special  restrictions  or  burdens  on,  or  grant  special 
privileges  to  some  persons  over  others  engaged  in  the  same 
profession,  under  the  same  circumstances.  Under  this  rule 
it  has  been  held  that  a  statute  providing  that  no  person 
should  practise  dentistry  without  having  obtained  a  degree 
from  some  college,  or  a  license  from  the  State  Dental  Society, 
and  imposing  a  certain  fee,  but  exempting  persons  who  have 
resided  and  practised  the  profession  in  the  town  or  city 
of  their  present  place  of  residence,  for  a  specified  time,  was 
unconstitutional  as  unduly  discriminating  between  persons 
of  the  same  class. ^ 

A  statute  is  not  unconstitutional  which  requires  good 
character  as  a  condition  to  the  right  to  practise;  or  which 
lodges  the  power  to  determine  the  person's  moral  fitness  in 
a  legally  constituted  body  of  men  learned  in  the  profession.'' 


REQUIREMENTS  OF  STATUTES  REGULATING  PRACTICE 

1.  In  General. — Statutes  vary  in  the  conditions  they  im- 
pose on  the  right  to  practise  dentistry.  The  most  usual 
form  of  statute  provides  as  a  prerequisite  to  the  right  to 

1  See  statutes,  post,  p.  1S6.  2  State  v.  Vanclersluis,  42  Minn.,  129  (1SS9). 

3  Ibid. 

*  State  V.  Hinman  (N.  H.),  18  Atl.,  194  (1SS9). 

6  See  State  v.  State  Medical  Board.  32  Minn.,  324  (1SS4). 


26  THE  RIGHT  TO  PRACTISE  DENTISTRY 

engage  in  practice:  (1)  The  possession  of  a  diploma.  (2) 
The  passing  of  a  satisfactory  examination.  (3)  Proof  of 
good  moral  character.  (4)  Receipt  of  a  license  from  the 
board  of  examiners.  (5)  Registry  of  the  license  with  the 
proper  officer.  (6)  Payment  of  a  stated  fee.  Some  statutes 
do  not  require  the  passing  of  an  examination  if  the  applicant 
possesses  a  degree;  others  do  not  require  a  degree  if  the 
applicant  passes  a  satisfactory  examination.^ 

2.  License  to  Practise.  Powers  of  the  Dental  Board. — The 
State  may  require  of  all  persons  who  practise  dentistry  in 
the  State  that  they  conform  to  reasonable  regulations  such 
as  the  obtaining  of  a  diploma,  license,  etc.,  whether  the 
person  practising  had,  previous  to  the  act,  been  engaged 
in  practice  or  not.  Many  statutes,  however,  make  excep- 
tions in  favor  of  persons  who  before  the  passage  of  the  act 
were  engaged  in  practice.  Where  an  exception  is  made  of 
persons  who  before  the  passage  of  the  act  have  "been 
engaged  in  the  practice  of  dentistry"  such  exception  applies 
only  to  one  actually  engaged  in  practice  in  the  State.  It 
is  not  enough  that  he  was  in  the  State,  and  entitled  to 
practise. 

In  Sherburne  v.  Board  of  Examiners-  the  statute  of  Idaho 
provided:  "It  shall  be  unlawful  for  any  person  who  is  not 
at  the  time  of  this  act  engaged  in  the  practice  of  dentistry 
in  this  State,  to  commence  such  practice,"  etc.  The  act 
went  into  effect  on  February  16,  1899.  One  X,  who  was 
practising  dentistry  in  ^Montana,  desiring  to  practise  in 
Idaho,  went  into  Idaho  on  February  8  and  there  opened  a 
dental  office.  He  remained  there  until  February  16,  on  which 
day  he  sent  in  his  application  for  a  certificate  entitling  him 
to  practise.  On  the  same  day  X  left  Idaho  and  returned  to 
his  former  place  of  practice  in  ^Montana,  where  he  remained 
until  1903.  The  board  refused  to  issue  a  certificate  to  X, 
and  the  court  practically  held  that  the  facts  did  not  show 
that  X  had  been  engaged  in  the  practice  of  dentistry  in 
Idaho,  and  that  therefore  the  board  was  justified  in  its 
refusal  to  issue  a  certificate  to  him. 

1  See  statutes  of  the  different  States,  post,  p.  186.  2  13  Idaho,  105  (1907). 


STATUTES  REGULATING  PRACTICE  27 

Not  only  must  one  be  actually,  he  must  also  be  lawfully 
engaged  in  practice. 

Thus  in  State  v.  Dental  Examiners/  X  applied  to  the  Board 
of  examiners  to  be  licensed  and  registered  as  a  dentist. 
He  had  no  diploma  but  claimed  this  right  under  an  exception 
to  the  statute  of  the  State,  providing  that  the  section  of  the 
law  requiring  a  diploma  should  not  apply  to  "persons 
engaged  in  the  practice  of  dentistry"  at  the  time  of  the  pass- 
age of  the  act.  X  had  been  engaged  in  practising  dentistry 
for  five  years  previous  to  the  passage  of  the  act,  but  without 
conforming  to  the  requirements  of  an  act  that  was  in  force 
during  those  five  years.  The  board  refused  to  issue  a  license 
to  him.  On  his  appeal  to  the  court,  the  court  sustained 
the  action  of  the  board.  The  court  said:  "^^Tiat  was  it 
to  practise  dentistry  under  the  law  of  1893?  (the  law  that 
was  in  force  during  the  five  years  X  was  practising).  It 
was  to  pursue  a  lawful  vocation  in  the  manner  prescribed 
by  statute.  The  daily  commission  of  a  misdemeanor  for 
five  continuing  years  by  violating  the  law  of  1893,  as  appellant 
admittedly  did,  was  not  practising  dentistry,  although  he 
may  have  performed  some  acts  which  dentists  perform,  and 
called  it  practising  dentistry.  The  amending  section  must 
be  held  to  refer  to  the  practice  of  dentistry  as  it  was  then 
recognized  by  law.  Appellant  contends  that,  in  order  to 
give  the  statute  the  effect  we  have  stated  above,  the  word 
'lawfully'  must  be  read  into  it.  We  do  not  intend  to  read 
into  the  statute  anything  that  is  not  already  there.  But 
it  is  our  duty  to  ascertain  as  fully  as  possible  the  spirit  of 
the  law  from  the  words  used,  and  we  think  we  should  presume 
in  this  connection  that,  when  the  Legislature  used  the  words 
'persons  engaged  in  the  practice  of  dentistry,'  it  did  not 
intend  to  include  in  that  class  persons  who  had  never  com- 
plied with  existing  law  entitling  them  to  engage  in  such 
vocation,  and  who  had  furthermore  openly  and  continuously 
violated  the  law\  The  persons  exempted  from  the  examina- 
tion were  those  who  had  complied  with  the  law,  for  they 

131  Wash.,  492   (1903). 


28  THE  RIGHT  TO  PRACTISE  DENTISTRY 

were  the  only  ones  practically  practising  dentistry,  as  that 
term  must  be  construed  in  the  light  of  lawful  regulations. 
Appellant  was  not  included  in  that  class,  was  not  exempt 
from  examination,  and  was  not  entitled  to  be  registered  as 
he  demanded." 

Under  such  provisions  the  burden  of  proving  that  the 
applicant  has  been  engaged  in  practice  for  the  requisite 
length  of  time  is  on  the  applicant;  and  when  the  statute 
provides  that  the  applicant  shall  make  an  affidavit  that  he 
has  been  engaged  in  practice,  and  that  on  the  filing  of  such 
affidavit  the  board  shall  issue  to  him  a  certificate  entitling 
him  to  continue  to  practise,  such  affidavit  is  only  prima 
facie  evidence  of  the  facts  it  states,  and  the  board  may 
investigate  the  actual  facts,  and  may  refuse  to  grant  the 
certificate  if  it  finds  the  facts  not  in  accord  with  the  affidavit."^ 

Most  States  vest  the  power  of  determining  whether  the 
candidate  possesses  the  requirements  entitling  him  to  a 
license  to  practise,  in  a  board  usually  known  as  the  Board 
of  Examiners.  If  this  board  determines  that  he  possesses 
the  requirements  fixed  by  the  law,  it  is  made  the  duty  of  the 
board  to  issue  a  license  to  the  applicant.  The  functions  of 
the  Dental  Board  in  granting  or  refusing  a  license  is  in  whole 
or  in  part  quasi-judicial,  involving  investigation,  judgment 
and  discretion,  therefore  an  action  for  damages  will  not  lie 
against  such  board  for  refusing  to  grant,  or  for  revoking, 
a  license  wrongfully,  if  in  so  doing  they  acted  without 
malice.^ 

Where  the  law  provides  that  the  possession  of  a  diploma 
of  a  "reputable  dental  college,"  or  "a  college  in  good  stand- 
ing," shall  be  a  requisite  to  the  issuance  of  a  license  by  the 
board,  the  board  has  power  to  decide  what  is,  and  what 
is  not  a  reputable  college,  or  a  college  in  good  standing,  and 
whether  the  college  whose  diploma  the  applicant  holds  is 
or  is  not  such  a  college.^ 

1  Shelburne  v.  Board  of  Examiners,  13  Idaho,  105  (1907). 

2  People  V.  Dental  Examiners,  110  111.,  180  (1884);  State  v.  Chittenden,  127  Wis., 
468  (1906). 

3  People  V.  Dental  Examiners,  110  111.,  180  (1884). 


STATUTES  REGULATING  PRACTICE  29 

The  term  "reputable"  in  dental  law,  "relates  to  that  which 
will  enable  the  college  to  do  good  work  and  the  actual 
accomplishment  thereof;  it  is  separate  and  distinct  from  the 
other  requisites  as  to  a  diploma  being  a  passport  to  the  favor 
of  the  official  board  as  regards  the  issuance  of  a  license. 
It  may  or  may  not  exist,  and  all  the  other  requisites  be 
present."^ 

The  determination  by  the  board  of  the  question  whether 
or  not  a  dental  school  is  a  "reputable"  school,  or  a  school 
"in  good  standing"  is  final,  and  will  not  be  reviewed  by  the 
courts  unless  the  board  is  clearly  shown  to  have  abused  its 
discretion  in  the  matter,  or  to  have  been  guilty  of  arbitrary, 
oppressive  or  malevolent  conduct.^  Thus  if  it  is  shown  that 
a  majority  of  the  members  of  the  board  are  instructors  in 
a  particular  college,  and  are  making  use  of  their  power  as 
members  of  the  board  to  build  up  their  own  institution  and 
crush  out  a  rival,  the  court  will  review  the  decision  of  the 
board  as  to  the  reputability  of  the  college,  or  the  issuance 
of  such  license  by  the  board. ^ 

A  board  of  dental  examiners  may  make  any  reasonable 
rules  and  regulations  they  see  fit  by  which  to  determine 
whether  or  not  a  dental  school  is  ".reputable,"  or  in  "good 
standing."  They  cannot  delegate  the  right  to  decide 
whether  a  college  is  reputable  or  not  to  a  dental  organization 
beyond  the  limits  of  the  State.  Thus  in  Dental  Examiners 
V.  People,*  the  board  of  examiners  refused  to  issue  a  license 
to  an  applicant  until  his  application  was  approved  by  the 
National  Association  of  Dental  Examiners,  an  association 
composed  for  the  most  part  of  persons  living  outside  of  the 
State.  The  State  board  having  been  shown  to  have  been 
otherwise  satisfied  with  the  reputability  of  the  college  of 
which  the  applicant  held  a  degree,  the  court  granted  a  writ 
of  mandamus  to  compel  the  State  board  to  issue  the  license. 

As  the  board,  however,  has  power,  when  no  rules  are 

1  Marshall,  J.,  in  State  v.  Chittenden,  127  Wis.,  46S  (1906). 

2  Williams  v.  Dental  Examiners,  93  Tenn.,  619  (1894). 

3  Dental  Examiners  v.  People,  123  III.,  227  (1887). 
*  123  ID  ,  227  (1887). 


30  THE  RIGHT   TO  PRACTISE  DENTISTRY 

prescribed  by  statute  for  determining  the  reputability  of 
a  college,  to  make  any  reasonable  rules  to  determine  this 
question,  the  fact  that  a  State  board  adopts  the  rules  of  a 
dental  organization  outside  of  the  State,  and  is  in  a  large  part 
governed  by  its  recommendations  in  determining  the  repu- 
tability of  colleges,  is  no  ground  for  the  interference  of  the 
court,  when  it  appears  that  the  board  was  not  absolutely 
bound  by  the  rules  of  the  foreign  association,  but  could, 
in  their  discretion,  require  more  or  less  of  a  college  than  the 
foreign  association  demanded.^ 

It  would  seem  that  while  the  board  of  examiners  may  make 
any  reasonable  rules  they  please  by  which  to  determine 
whether  a  school  is  "reputable"  or  "in  good  standing," 
the  rules  they  adopt  must  have  reasonable  reference  to  the 
question  to  be  determined.  It  cannot,  for  example,  make 
the  question  of  good  standing  depend  on  the  fact  whether 
or  not  a  college  has  furnished  to  the  board  by  a  certain 
day  a  list  of  its  matriculates  and  the  basis  of  their  matricu- 
lation, at  least  where  the  evidence  shows  that  the  applicant 
graduated  before  the  college  received  notice  of  this  require- 
ment by  the  board. ^ 

A  State  board  of  examiners  empowered  by  law  to  deter- 
mine the  reputability  of  a  dental  school  may  adjudicate 
the  status  of  any  school  of  which  it  has  jurisdiction,  either 
on  its  own  motion,  or  on  the  petition  of  the  school,^  and 
when  the  board  has  once  adjudicated  the  status  of  such 
school  such  adjudicated  status  is  presumed  to  continue  until 
such  presumption  shall  have  been  reasonably  rebutted.* 

The  law  for  the  regulation  of  dentistry  does  not,  however, 
authorize  the  board  to  invade  the  private  affairs  of  a  dental 
college,  in  respect  of  its  rate  of  tuition,  or  whether  it  shall 
grant  concessions  from  its  advertised  rates  of  tuition,  or  by 
taking  charge,  without  the  consent  of  the  college,  of  its 
entrance  examinations.^ 

The  burden  of  proving  that  a  dental  school  is  "reputable," 

1  Williams  v.  Dental  Examiners,  93  Tenn.,  619  (1894). 

2  State  V.  Lutz,  136  Mo.,  633  (1896).       ^  State  v.  Chittenden,  127  Wis.,  468  (1906). 
i  Ibid.  ^  Ibid. 


STATUTES  REGULATING  PRACTICE  31 

or  "in  good  standing"  is  on  the  person  applying  for  a  license 
on  a  diploma  from  a  school  he  claims  is  within  this  class. ^ 

All  the  statutes  regulating  the  practice  of  dentistry  do 
not  commit  to  the  board  of  examiners  discretion  in  de- 
termining what  diplomas  shall  be  accepted.  Some  of 
the  statutes  provide  that  a  license  shall  be  issued  to  any 
person  who  files  with  the  board  a  diploma  from  a  dental 
college  "duly  authorized  by  the  laws  of  this  State,  or  some 
other  of  the  United  States,  or  a  foreign  country."  In  the 
administration  of  such  a  statute,  the  board  has  no  discretion 
to  refuse  a  certificate  to  an  applicant  who  properly  possesses 
and  presents  a  diploma  from  a  dental  college  authorized  by 
law  to  issue  the  same.  The  diploma  is  made  by  the  statute 
conclusive  evidence  of  the  qualifications  of  the  applicant, 
and  on  presentation  of  such  a  diploma  the  board  must  issue 
the  certificate.^ 

The  board  has,  however,  the  right  to  ascertain  whether 
the  college  issuing  the  diploma  was  one  authorized  by  law 
so  to  do,  and  the  burden  of  proving  that  it  was  such  a 
college  is  on  the  applicant.^ 

When  a  person  applies  for  the  right  to  practise  on 
presentation  of  a  diploma,  he  must  satisfy  the  board  that 
the  diploma  is  genuine,  and  that  he  is  the  person  named  in 
the  diploma.  The  burden  of  proving  these  facts  is  on  the 
applicant.* 

When  the  statute  provides  that  the  board  of  examiners 
may  waive  an  examination  under  certain  circumstances,  it 
is  within  the  discretion  of  the  board  whether  they  will  waive 
the  examination  or  not;  the  statute  is  not  mandatory.^ 

To  entitle  the  applicant  to  a  license  he  must  bring  himself 
within  all  the  provisions  of  the  act.  Thus,  in  the  case  last 
cited  the  statute  of  New  Jersey  provided:  "The  board 
may,  without  requiring  an  examination,  license  any  applicant 


1  State  V.  Chittenden,  127,  Wis.,  46S  (1906). 

2  Smith  V.  State  Board  of  Dental  Examiners  (Ky.),  67  S.  W.,  999  (1902). 

'  Ibid.  i  Ibid. 

5  Saxenmeyer  d.  State  Board  of  Registration  and  Examination  in  Dentistry  (N.  J.), 
75  Atl.,  175  (1910). 


32  THE  RIGHT  TO  PRACTISE  DENTISTRY 

who  shall  furnish  satisfactory  proof  to  the  board  that  he 
has  been  licensed  after  examination,  to  practise  dentistry 
in  any  State  after  full  compliance  with  the  dental  laws  of 
such  State,  and  that  this  professional  education  is  not  less 
than  that  required  in  this  State."  In  this  case  the  applicant 
filed  with  his  application  a  certificate  of  the  dean  of  a  repu- 
table dental  school  of  a  neighboring  State,  that  the  applicant 
had  received  from  such  school  a  diploma  conferring  on  him 
the  degree  of  Doctor  of  Dental  Surgery,  which  was  endorsed 
by  the  secretary  of  the  Board  of  Examiners  of  the  State 
in  which  the  dental  school  was  located.  This  entitled  the 
applicant  to  practise  in  that  State  without  examination. 
The  Board  of  Examiners  of  New  Jersey  having  refused  to 
issue  a  license  to  the  applicant,  he  applied  to  the  court  to 
compel  them  to  do  so.  It  was  held  by  the  court  that  as  the 
apphcant  had  not  "been  duly  licensed  after  examination," 
to  practise  in  the  neighboring  State,  he  was  not  entitled  to 
practise  under  the  New  Jersey  statute.^ 

When  the  statute  makes  it  a  prerequisite  to  the  right  to 
a  hcense  that  the  appHcant  shall  be  of  good  moral  character, 
and  provides  that  on  proof  of  conviction  of  a  misdemeanor 
a  license  granted  shall  be  cancelled,  the  board  of  examiners 
may  refuse  to  grant  a  license  to  a  person  who  has  been  con- 
victed of  practising  dentistry  in  the  State  without  a  license. ^ 

3.  Registration. — After  the  dentist  has  obtained  his  license 
from  the  dental  board,  the  next  step  required  by  the  law 
is  the  registration  of  such  license.  The  language  of  the 
statutes  providing  for  registration  is  not  identical.  Some 
statutes  provide  that  the  license  shall  be  registered  within 
sixty  days  from  the  issuance  thereof,  some  within  thirty 
days,  and  others  are  silent  as  to  the  time  within  which 
registration  shall  take  place.^ 

The  statutes  vary,  likewise,  in  their  provisions  as  to  the 
place  where  and  the  officer  with  whom  the  license  must  be 
registered.     Some  provide  that  it  shall  be  registered  in  the 


1  See  also  Battles  v.  Board  of  Registry  in  Dentistry,  16  R.  I.,  372  (1888). 

2  Ibid.  '  See  statutes,  post,  p.  186. 


STATUTES  REGULATING  PRACTICE  33 

county  where  the  person  to  whom  it  is  issued  resides;  others 
that  it  shall  be  registered  in  the  county  in  which  the  holder 
expects  to  practise;  some  require  it  to  be  registered  with 
the  judge  of  probate,  others  with  the  clerk  of  the  county.^ 

Some  require  separate  registration  in  each  county  in  which 
the  holder  of  the  license  intends  to  practise;  and  provide 
for  duplicate,  etc.,  registration.  It  is  not  clear  always  from 
the  wording  of  some  of  the  statutes,  nor  do  the  decisions 
make  it  any  clearer,  whether  under  the  statute  the  license 
once  registered  in  the  proper  place  entitles  the  holder  to 
practise  any  where  in  the  State,  or  whether  the  license  must 
be  registered  anew  in  each  county  where  the  holder  does 
any  dental  work.  The  statutes  generally  provide  that  if 
the  license  is  not  registered  within  the  time  prescribed,  the 
license  shall  be  forfeited.  Statutes  containing  this  provision 
usually  provide  that  a  duplicate  may  be  obtained  in  some 
cases  with  and  in  others  without  an  additional  fee.^ 

Thus  in  Ege  v.  Commonwealth,^  a  physician  was  indicted 
under  a  statute  that  provided  (1)  that  physicians  should 
register  in  the  county  "  in  which  he  or  she  resides  or  sojourns." 
And  (2)  that  any  person  who  should  "practise"  medicine 
without  conforming  to  the  requirements  of  the  act  should 
be  guilty  of  a  misdemeanor.  The  defendant  was  registered 
in  X  county  where  he  resided.  He  went  at  regular  intervals 
to  Y  county  for  the  double  purpose  of  seeing  patients  who 
had  previously  consulted  him  in  X  county,  and  of  attending 
such  patients  as  might  come  to  him  for  the  first  time  in 
Y  county.  For  meeting  such  persons  he  had  an  oflSce  in  Y 
county  of  which  he  gave  public  notice.  Whenever  he  was 
in  Y  county  he  attended  all  persons  who  consulted  him, 
and  made  charges  for  such  attendance.  The  court  held  that 
he  was  "practising"  medicine  in  Y  county,  and  also  that  he 
was  a  "sojourner"  there;  that  as  a  sojourner  he  was  obliged 
to  register,  and  as  he  practised  without  registering  he  was 
liable  to  the  penalty  provided  by  the  act. 

1  See  statutes,  post,  p.  186. 

2  For  liability  for  unlawfully  practising,  see  Liability  to  State,  post,  p.  186. 
39  Atl.  (Pa),  171  (1887). 

3 


34  THE  RIGHT  TO  PRACTISE  DENTISTRY 

It  has  been  held  in  New  York/  that  the  statute  requiring 
a  person  to  register  in  the  county  where  he  is  practising  or 
intends  to  commence  practice,  requires  only  that  the  person 
register  once  at  the  place  where  he  intends  to  practise,  and 
that  once  registered  he  may  legally  practise  anywhere  in  the 
State  without  re-registering. 

In  view  of  the  uncertainty  of  the  law  in  this  regard  under 
the  phraseology  of  many  of  the  statutes,  and  the  serious 
consequences  involved  in  its  breach,  a  dentist  should  always 
register  in  each  county  where  he  does  any  dental  work; 
unless  the  statute  clearly  provides  that  registry  in  one 
place  entitles  him  to  practise  anywhere  in  the  State. 

4.  Revocation  of  License.^ — Most  of  the  statutes  regulat- 
ing the  practice  of  dentistry  provide  for  revocation  of  the 
dentist's  license.  In  some  of  the  statutes  the  grounds  on 
which  the  license  may  be  revoked  are  specifically  set  out 
in  the  statute.^ 

In  others  the  grounds  of  revocation  are  not  set  out  in 
detail,  but  it  is  provided  generally  that  it  may  be  revoked 
for  dishonorable  or  unprofessional  conduct.  Under  similar 
statutes  in  relation  to  physicians,  it  has  been  held  in  the 
United  States  that  "unprofessional"  means  "dishonorable," 
and  does  not  refer  to  matters  of  professional  ethics  only; 
and  that  a  mere  breach  of  professional  ethics,  such  as  adver- 
tising, etc.,  is  not  ground  for  revoking  a  license.^ 

The  English  Dentist's  Act  in  providing  for  the  erasing 
of  a  dentist's  name  from  the  registry  list,  uses  the  words 
"disgraceful  conduct  in  a  professional  respect."  The  ques- 
tion what  is  such  conduct  has  been  passed  upon  several 
times  by  the  English  courts. 

In  Partridge  v.  General  Council  of  Medical  Education  and 
Registration,*  it  appeared  that  a  dentist  had  as  a  prerequisite 
to  obtaining  his  diploma  from  the  Royal  College  of  Surgeons, 
declared  that  he  would  not  attempt  to  attract  business  by 
advertising  or  by  any  practice  considered  by  the  college 

1  55  Hun.,  474  (1890).  .  2  See  statutes,  post,  p.  186. 

3  See  State  v.  State  Medical  Examining  Board,  32  Minn.,  324  (1884). 
457  J.  P.  (Eng.),  4  (1892). 


STATUTES  REGULATING  PRACTICE  35 

to  be  unbecoming.  Later  he  did  advertise,  whereupon 
the  council  erased  his  name  from  the  registry  hst.  On 
appeal  the  court  of  appeal  held  that  the  facts  were  sufficient 
to  justify  the  council  in  erasing  his  name  on  the  ground 
of  "disgraceful  conduct  in  a  professional  respect." 

In  Allison  v.  General  Council  of  Medical  Education  and 
Registration/  the  plaintiff,  a  physician,  filed  a  bill  to  restrain 
the  council  from  allowing  his  name  to  remain  struck  off  the 
medical  register.  His  name  had  been  struck  off  by  the 
council  for  "infamous  conduct  in  a  professional  respect."  It 
was  proved  that  the  physician  had  published  a  great  number 
of  advertisements  in  newspapers,  which  contained  reflections 
upon  medical  men  generally  and  their  methods  of  treating 
their  patients,  and  advised  the  public  to  have  nothing  to 
do  with  them  and  their  drugs.  The  advertisements  also 
recommended  the  public  to  apply  for  advice,  and  stated  his 
address  and  the  amount  of  the  fee  which  he  charged.  The 
court  refused  to  compel  the  restoration  of  his  name  to  the 
register.  Lord  Esher,  M.R.,  said:  "Was  there,  then,  any 
evidence  which  justified  the  council  in  finding  the  plaintiff 
guilty  of  'infamous  conduct  in  a  professional  respect?'  I 
adopt  the  definition  which  m}'^  brother  Lopes  has  drawn  up 
of  at  any  rate  one  kind  of  conduct  amounting  to  '  infamous 
conduct  in  a  professional  respect,'  viz.:  If  it  is  shown  that 
a  medical  man  in  the  pursuit  of  his  profession  has  done 
something  with  regard  to  it  which  would  be  reasonably 
regarded  as  disgraceful  or  dishonorable  by  his  professional 
brethren  of  good  repute  and  competency,  then  it  is  open 
to  the  General  Medical  Council  to  say  that  he  has  been 
guilty  of  'infamous  conduct  in  a  professional  respect.'  The 
question  is  not  merely  whether  what  a  medical  man  has 
done  would  be  an  infamous  thing  for  anyone  else  to  do, 
but  whether  it  is  infamous  for  a  medical  man  to  do.  An  act 
done  by  a  medical  man  may  be  'infamous,'  though  the 
same  act  done  by  anj^one  else  would  not  be  infamous;  but, 

>  1  Q.  B.,  750  (Eng.),  (1894).  In  G.  v.  College  of  Dental  Surgeons  of  British 
Columbia,  14  B.  C.  R.,  129,  it  was  held  that  a  license  was  properly  levoked  on  proof 
of  flagrantly  immoral  relations  between  a  dentist  and  his  ofEce  staff. 


36  THE  RIGHT  TO  PRACTISE  DENTISTRY 

on  the  other  hand,  an  act  which  is  not  done  '  in  a  professional 
respect'  does  not  come  within  this  section.  There  may  be 
some  acts  which,  although  they  would  not  be  infamous  in 
any  other  person,  yet  if  they  are  done  by  a  medical  man 
in  relation  to  his  profession,  that  is,  with  regard  either  to 
his  patients  or  to  his  professional  brethren,  may  be  fairly 
considered  'infamous  conduct  in  a  professional  respect,' 
and  such  acts  would,  I  think,  come  within  S.  29.  I  adopt 
that  as  a  good  definition  of  at  any  rate  one  state  of  circum- 
stances in  which  the  General  Medical  Council  would  be 
justified  in  finding  that  a  medical  man  has  been  guilty  of 
'infamous  conduct  in  a  professional  respect.'  Was  there, 
then,  evidence  in  the  present  case  of  such  conduct?  It 
seems  to  me  that  this  question  must  be  solved  thus.  Taking 
the  evidence  which  was  before  the  Medical  Council  as  a 
whole,  did  it  bring  the  plaintiff  within  the  definition  which 
I  have  read?  Was  the  evidence,  taken  as  a  whole,  reason- 
ably capable  of  being  treated  by  the  council  as  bringing  the 
plaintiff  within  that  definition  of  'infamous  conduct  in  a 
professional  respect?'  I  cannot  doubt  that  it  was.  It  seems 
to  me  that  it  may  be  fairly  said  that  the  plaintiff  has  en- 
deavored to  defame  his  brother  practitioners,  and  by  that 
defamation  to  induce  suffering  people  to  avoid  going  to 
them  for  advice,  and  to  come  to  himself,  in  order  that  he 
may  obtain  the  remuneration  or  fees  which  otherwise  he 
would  not  obtain.  If,  on  the  whole,  that  which  he  has  been 
doing  could  be  reasonably  construed  as  amounting  to  that, 
it  comes,  in  my  opinion,  within  the  definition  I  have  read, 
and  the  council  were  justified  in  saying  that  the  plaintiff 
had  been  guilty  of  'infamous  conduct  in  a  professional 
respect.'  The  second  ground  of  objection,  therefore,  also 
fails,  and  in  my  opinion  the  judgment  of  Collins,  J.,  was 
right,  and  the  appeal  must  be  dismissed." 

In  1907  the  Dental  Board  of  New  South  Wales  passed  the 
following  resolution:  "Whereas,  it  has  from  time  to  time 
been  made  to  appear^ — that  some  registered  dentists  have, 
with  a  view  to  their  own  gain,  and  to  the  detriment  of  other 
practitioners,  been  in  the  habit  of  issuing  or  sanctioning 


STATUTES  REGULATING  PRACTICE  37 

the  issue  of  advertisements  of  an  objectionable  character, 
or  of  issuing  titles  that  are  either  not  recognized  or  not 
registered  with  the  board,  or  of  employing  or  sanctioning 
the  employment  of  agents  or  canvassers  for  the  purpose  of 
procuring  persons  to  become  their  patients — .  The  board 
hereby  gives  notice  that  any  registered  dentist  resorting 
to  such  practices  thereby  renders  himself  liable  to  be 
charged  under  the  9th  section  of  the  Dentist's  Act,  1900, 
with  infamous  conduct  in  a  professional  respect."^ 

In  some  States  such  statutes  have  been  held  to  be  uncon- 
stitutional and  void  for  uncertainty.^ 

In  the  last-cited  case  the  court  said:  "Unprofessional 
or  dishonorable  conduct,  for  which  the  statute  authorizes 
the  revocation  of  a  license  that  has  been  regularly  obtained, 
is  not  defined  by  the  common  law,  and  the  words  have  no 
common  or  generally  accepted  signification.  What  conduct 
may  be  of  either  kind  remains,  as  before,  a  mere  matter  of 
opinion.  In  the  absence  of  some  specification  of  acts  by  the 
law-making  power,  which  is  alone  authorized  to  establish 
the  standards  of  honor,  to  be  observed  by  persons  who  are 
permitted  to  practise  the  profession  of  medicine,  it  must 
in  respect  of  some  acts,  at  least,  remain  a  varying  one,  and 
shifting  with  the  opinions  that  may  prevail  from  time  to 
time  in  the  several  tribunals  that  may  be  called  upon  to 
interpret  and  enforce  the  law." 

Some  statutes  provide  that  the  license  to  practise  may  be 
revoked  for  "fraud,  deceit,  or  misrepresentation"  in  the 
practice  of  dentistry.  Such  a  statute,  it  has  been  held,  is 
not  invalid  for  uncertainty.  The  word  "fraud"  means  an 
intentional  perversion  of  truth  to  induce  another  in  reliance 
on  it  to  part  with  some  valuable  thing  belonging  to  him,  or 
to  surrender  a  legal  right;  the  word  "deceit"  means  any 
trick  or  contrivance  used  to  defraud  another  to  his  injury; 
and  the  word  "misrepresentation"  means  untrue,  improper, 
or  unfaithful  representation;  such  as  a  false  statement  of 


'  Bignold,  Australasian  Dental  Jurisprudence,  21. 

2  Czarra  v.  Board  of  Medical  Supervisors,  25  App.  Cas.  (D.  C),  443  (1905). 


38  THE  RIGHT  TO  PRACTISE  DENTISTRY 

accounts.^  Under  such  a  statute  the  board  of  examiners 
have  power  to  revoke  the  Ucense  of  a  dentist  who  by  false 
advertisements  as  to  the  cost  of  a  set  of  teeth,  as  to  re- 
enameling  teeth,  or  making  teeth  without  bridges  or  plates, 
curing  pyorrhea,  etc.,  intended  to  make  the  public  believe 
that  they  would  get  something  different  and  better  than 
they  actually  received  from  him,  and  something  different 
and  better  than  they  would  receive  from  other  dentists, 
and  who  by  means  thereof  procured  money  from  patients.^ 

It  has  been  held  in  England^  that  the  licensing  board 
having  placed  the  name  of  a  regularly  qualified  dentist 
on  the  registry  list,  has  no  right  to  erase  his  name  merely 
because  the  college  that  originally  granted  him  his  diploma, 
has  subsequently  withdrawn  such  diploma,  the  causes  for 
which  they  may  erase  names  being  specified  in  the  act 
creating  the  board,  and  the  withdrawal  of  a  diploma  not 
being  one  of  the  causes  so  specified. 

The  board  intrusted  by  law  with  the  power  to  revoke 
licenses  is  not  precluded  from  revoking  a  license  by  the  fact 
that  the  same  charges  on  which  the  license  was  revoked  had 
once  before  been  passed  upon  by  them  and  not  sustained. 
Nor  by  the  fact  that  the  holder  of  the  license  had  been  tried 
in  a  criminal  court  on  the  same  charges  and  acquitted.^ 

A  license  once  granted  cannot  be  revoked  without  an 
opportunity  given  the  holder,  by  timely  notice,  to  appear 
and  defend  himself  against  the  charges  preferred  against  him.^ 

But  the  decision  of  the  board,  after  a  proper  hearing,  that 
the  dentist  is  guilty  of  professional  misconduct  is  not  review- 
able by  a  court,  at  least  if  there  is  any  evidence  on  which 
the  Dental  Board  could  reasonably  hold  that  the  dentist 
had  been  guilty  of  such  conduct.^ 

The  order  of  a  dental  board  striking  off  the  name  of  a 

'  state  D.  Purl,  128  S.  W.  (Mo.),  196  (1910).  2  Ibid. 

3  Ex  parte  Partridge,  19  Q.  B.  D.,  467  (1887). 

<  In  re  Smith,  10  Wend.  (N.  Y.),  450  (1833). 

6  People  V.  McCoy,  125  ill.,  289  (1888);  see  also  Partridge  v.  General  Council  of 
Medical  Education  and  Registration  (Eng.),  25  Q.  B.  D.,  90  (1890). 

6  Hill  V.  Clifford  (Eng.)  (1907),  2  Ch,  2.36:  Allison  v.  General  Council  of  Medical 
Education  and  Registration  (Eng.).  2  Q.  B.  D.,  750  (1891). 


EFFECT  OF  FULFILMENT  OF  REQUIREMENTS     39 

dentist  from  the  Register  of  Dentists  for  conduct  "dis- 
graceful in  a  professional  respect"  is  admissible  in  a  civil 
suit  as  prima  facie  evidence  that  the  dentist  was  guilty  of 
such  conduct.^ 

The  decision  of  the  General  Council  in  England  that  a 
dentist  has  been  guilty  of  "infamous  or  disgraceful  conduct 
in  a  professional  respect,"  and  the  erasing  of  his  name  from 
the  register  has  the  effect  of  preventing  such  dentist  from 
using  the  name  or  title  of  "dentist"  or  of  "dental  practi- 
tioner" or  of  any  description  implying  that  he  is  registered, 
or  is  a  person  specially  qualified  to  practise  dentistry,  and  of 
preventing  him  from  recovering  any  fee  for  the  performance 
of  any  dental  operation,  attendance,  or  advice.^ 

EFFECT   OF   FULFILMENT   OF   REQUIREMENTS 

If  the  applicant  for  the  right  to  practise  dentistry  has 
fulfilled  the  legal  requirements,  he  is  entitled  to  practise, 
and  it  is  immaterial,  so  far  as  his  right  to  practise  is  con- 
cerned, how  well  he  has  met  the  tests  prescribed  by  the  law. 
The  ability  shown  by  him,  however,  in  meeting  these  tests, 
may  subsequently  become  of  great  importance  to  him.  In 
the  case  of  Wilkins  v.  Ferrell,^  a  dentist  was  sued  by  a  patient 
for  malpractice.  The  dentist  had  offered  evidence  to  prove 
his  skill  and  learning  in  his  profession.  The  plaintiff'  there- 
upon offered  to  prove  b\  two  of  the  members  of  the  board 
of  dental  examiners  that  the  defendant,  when  he  was  exam- 
ined for  his  license,  a  year  previous,  was  unable  to  answer 
questions  propounded  to  him  in  anatomy,  physiology,  and 
chemistry;  that  he  could  not  explain  what  the  superior  and 
inferior  maxillary  bones  were,  and  said,  in  treating  an 
exposed  pulp,  he  "would  kill  the  damn  thing;"  that  he  could 
not  tell  the  number  of  bones  in  the  head  or  skull,  and  could 
not  name  the  nerves  in  the  head  and  face.  The  defendant 
objected  to  the  court's  allowing  this  evidence  to  go  to  the 
jury.  The  court,  however,  admitted  it  and,  on  appeal,  the 
supreme  court  held  that  the  lower  court  was  right. 

1  Hill  V.  Clifford  (Eng.)  (1907),  2  Ch.  230  2  Ibid. 

3  10  Tex.  Civ.  App.,  231  (1895). 


CHAPTER    III 

RELATION   BETWEEN   THE   DENTIST  AND  HIS  PATIENT 
TIME  AT  WHICH  THE  RELATION  COMMENCES 

The  mere  opening  of  the  dentist's  office  for  practice,  or 
the  display  of  his  name  plate,  does  not  create  any  duty  on 
the  part  of  the  dentist  or  impose  any  obligation  on  him  to 
accept  patients.  He  is  no  more  required  to  accept  any 
person  who  comes  to  him  as  a  patient  than  is  a  physician.^ 

He  may  refuse  to  accept  any  person  as  a  patient  with  or 
without  reason,  and  does  not  thereby  render  himself  liable 
to  such  person  or  to  the  law. 

It  is  not  until  he  accepts  a  person  as  a  patient  that  his 
duties  and  the  corresponding  obligations  arise.^ 

THE  CONTRACT  OF  EMPLOYMENT 

1.  In  General.- — The  rights  and  obligations  that  arise  out 
of  the  relation  between  the  dentist  and  his  patient  are  (in 
the  main)  the  result  of  a  contract  between  them.  This 
contract  may  be  written  or  oral,  express  or  implied. 

There  is  no  peculiar  sanctity  annexed  by  our  law  to 
written  over  oral  contracts.  In  general  one  is  as  valid 
and  binding  in  all  respects  as  the  other.  The  principal 
advantage  of  a  written  over  an  oral  contract  lies  in  the  fact 
that  the  terms  of  the  written  contract  are  more  easily  proved 
than  those  of  an  oral  one;  the  latter,  lying  as  they  must  in 
the  recollection  of  the  parties,  are  liable  not  only  to  be 
misunderstood  or  forgotten,  but  distorted. 

1  Becker  v.  Janinski,  15  N.  Y.  SuppL,  675  (1891). 

2  Huley  V.  Eddingfield,  156  Ind.,  416  (1900);  see  post,  Malpractice. 


THE  CONTRACT  OF  EMPLOYMENT  41 

The  contract  between  the  dentist  and  his  patient  being 
of  a  personal  nature,  it  is  subject  to  the  imphed  condition 
that  the  parties  to  the  contract  shall  be  in  such  a  state  of 
health  as  to  be  able  to  perform  their  contract  when  the  time 
for  the  performance  arrives.^  If,  therefore,  the  dentist 
contract  to  treat  a  patient  on  a  certain  day,  and  on  that  day 
he  is  too  ill  to  do  so,  he  is  not  liable  for  breach  of  his  contract. 
Of  course,  in  such  a  case  the  patient  is  not  required  to  wait 
for  the  treatment  until  the  dentist  recovers,  he  may  seek 
another  dentist. 

2.  Contracts  Required  to  Be  in  Writing.  —  By  force  of  a 
statute  passed  in  England  in  1677,  know^n  as  the  Statute 
of  Frauds  and  Perjuries,  because  it  was  intended  to  prevent 
the  commission  of  frauds  and  perjuries,  certain  contracts 
unless  in  writing  could  not  be  enforced  at  law  unless  there 
had  been  part  payment,  under  them,  etc. 

The  statute  provided  that  "  no  contract  for  the  sale  of  any 
goods,  wares,  and  merchandises  for  the  price  of  ten  pounds 
sterling  or  upward,  shall  be  allowed  to  be  good  except  the 
buyer  shall  accept  part  of  the  goods  sold,  and  actually 
receive  the  same,  or  give  something  in  earnest  to  bind  the 
bargain,  or  in  part  of  payment,  or  that  some  note  or  memor- 
andum in  writing  of  the  said  bargain  be  made  and  signed 
by  the  parties  to  be  charged  by  such  contract,  or  their  agents 
thereto  lawfully  authorized."  This  statute  is  still  in  force 
in  England  and  a  substantially  similar  statute  is  in  force 
in  all  the  American  States  except  Alabama,  Arizona,  Dela- 
ware, Illinois,  Kansas,  Kentucky,  Louisiana,  New  Mexico, 
North  Carolina,  Ohio,  Pennsylvania,  Rhode  Island,  Texas, 
Tennessee,  Virginia,  and  West  Virginia.  In  the  other  States, 
where  the  statute  is  in  force,  the  amount  prescribed  by  the 
statute  varies  in  the  different  States. 

At  first  sight  this  statute  would  not  seem  to  come  within 
the  scope  of  this  work,  since  the  statute  applies  only  to  the 
sale  of  goods,  and  dentists  do  not,  in  the  ordinary  accepta- 
tion of  the  term,  make  a  "  sale"  of  goods.     In  construing  the 

1  Powell  V.  Newell,  95  jNIinn.,  406  (1S94). 


42       RELATION  BETWEEN  DENTIST  AND  PATIENT 

meaning  of  the  term  "sale"  as  used  in  the  statute,  however, 
some  courts  have  arrived  at  a  meaning  of  that  term  which 
renders  the  statute  of  importance  to  dentists. 

In  the  case  of  hee  v.  Griffen,^  the  plaintiff,  a  dentist,  in 
pursuance  of  an  oral  order  from  his  patient,  prepared  a 
model  of  her  mouth,  and  made  for  her  two  sets  of  false  teeth. 
After  the  teeth  were  finished,  and  she  was  notified  of  the 
fact,  she  died  before  she  could  have  the  teeth  fitted.  The 
dentist  sued  her  estate,  through  her  executor,  for  £21,  the 
compensation  she  had  agreed  to  pay  for  the  teeth.  If  this 
transaction  was  a  "sale"  of  teeth  by  the  dentist,  then  since 
the  contract  had  not  been  put  in  writing,  he  was  not  entitled 
to  recover  under  the  statute.  If  it  was,  on  the  other  hand, 
a  contract  to  do  a  certain  piece  of  work,  to  perform  certain 
services,  then  the  plaintiff  was  entitled  to  recover,  for  the 
statute  only  applies  to  "sales." 

The  court  held  the  transaction  to  be  a  "sale,"  and  refused 
to  allow  a  recovery.  The  court  laid  down  the  following 
test  of  when  a  transaction  is  a  sale,  and  required  to  be  in 
writing:  "If  the  contract  be  such  that,  when  carried  out, 
it  would  result  in  the  sale  of  chattel,"  it  is  a  sale;  "but  if 
the  result  of  the  contract  is  that  the  party  has  done  work 
and  labor  which  ends  in  nothing  that  can  become  the  subject 
of  a  sale,"  the  party  can  recover  whether  the  contract  is  in 
writing  or  not.  The  rule  of  this  case  has  been  adopted  in 
Canada  and  Missouri.^  Tests  different  from  the  above  and 
differing  from  each  other  have  been  adopted  in  the  different 
American  States.  It  is  believed  that  under  none  of  them, 
except  in  Missouri,  would  a  contract  by  a  dentist  to  make 
a  set  of  teeth  be  required  to  be  in  writing;  though  under  the 
rule  in  most  States  a  contract  to  furnish  a  set  of  teeth  out  of 
a  stock  of  teeth  in  hand  would  not  be  binding  unless  in 
writing;  and  in  many  States  a  contract  to  adapt  a  set  of 
teeth  already  made,  although  considerable  work  was  neces- 
sary in  the  adaptation,  would  need  to  be  in  writing  to  render 
the  contract  valid, 

1  (Eng.),  Best  and  Smith,  272.  2  Williston,  Sales,  sec.  54. 


THE  CONTRACT  OF  EMPLOYMENT  43 

Even  in  these  latter  cases,  if  the  teeth  were  received  and 
accepted  by  the  patient,  or  if  all  or  part  of  the  price  had  been 
paid,^  the  contract  would  be  binding  though  not  in  writing. 

Even  when  in  the  above  cases  the  contract  must  be  in 
writing,  all  the  terms  of  the  contract  need  not  appear  in 
the  writing.  It  is  sufficient  if  the  names  of  the  parties, 
the  price  and  the  substance  of  the  agreement  appear  in  the 
writing,  and  it  is  signed  by  the  party  who  is  being  sued. 

Of  course,  the  law  requiring  certain  contracts  to  be  in 
writing  does  not  apply  to  such  professional  services  as  treat- 
ing or  filling  teeth  or  administering  gas.  The  dentist  does 
not  "sell"  the  gold  with  which  he  fills  a  patient's  tooth,  even 
though  he  includes  its  cost  in  his  bill  for  his  services,  any 
more  than  the  physician  "sells"  the  chloride  of  gold  used  by 
him  in  administering  the  "gold  cure."  These  contracts  are 
just  as  valid  when  made  orally  as  when  they  are  in  writing. 

Another  contract  that  the  law  will  not  enforce  unless  it  is 
in  writing,  is  a  contract  of  one  person  to  answer  for  the  debt 
or  default  of  another.  If  a  person  should  request  a  dentist's 
services  and  another  person  should  promise  to  pay  for  these 
services  if  the  patient  did  not,  such  a  promise  would  not 
bind  the  person  promising  unless  it  were  in  writing  signed 
by  such  person  or  his  agent. 

3.  Express  Contracts. — The  dentist  may  enter  into  an 
express  contract  with  his  patient.  Such  contracts  are 
becoming  more  common  than  formerly.  An  express  con- 
tract is  made  when  a  dentist  agrees  to  perform  certain 
services  for  a  specified  compensation,  as  when  he  agrees  to 
extract  a  certain  tooth,  or  to  straighten  teeth,  for  a  certain 
sum,  such  a  contract  may  be  but  need  not  be  in  writing 
unless  it  is  for  work  of  the  character  treated  above  under 
written  contracts.  Under  such  a  contract  as  this  the  dentist 
must  perform  the  promised  services  and  is  entitled  to  the 
promised  compensation.  No  matter  how  much  work  his 
promise  may  unexpectedly  entail,  or  how  much  skill  and 


1  Some  States  require  this  payment  to  be  at  the  time  the  contract  is  made  if  payment 
is  rehed  on  to  make  the  contract  valid. 


44       RELATION  BETWEEN  DENTIST  AND  PATIENT 

time  it  may  require,  he  can  claim  no  more  compensation 
than  that  agreed  on.  So  if  under  such  express  contract, 
he  perform  other  or  more  work  than  that  agreed  on,  he 
can  claim  no  extra  compensation  therefor.  If  by  mistake 
he  extract  the  wrong  tooth,  he  cannot  charge  therefor, 
even  though  the  tooth  extracted  required  extraction  more 
than  the  other.  So  if  working  under  such  express  contract 
for  a  definite  piece  of  work,  it  should  become  necessary  to 
administer  ether  to  the  patient,  and  while  operating  he 
should  discover  that  work  other  than  that  agreed  upon  was 
imperatively  necessary,  he  could  not  recover  compensation 
for  such  other  work  if  he  should  perform  it.  If  the  dentist 
agrees  to  perform  services  extending  over  a  space  of  time — 
as  straightening  teeth — for  a  definite  sum,  he  is,  of  course, 
obliged  to  perform  the  work  even  though  it  requires  more 
time  than  he  had  supposed,  and  he  can  only  claim  the  agreed 
sum  for  his  services.  As  under  such  a  contract  the  dentist 
can  claim  no  more  than  was  promised  him,  so  the  patient 
is  likewise  strictly  bound  by  the  terms  thereof.  If  the  ser- 
vice agreed  on  is  performed  the  patient  must  pay  the  agreed 
compensation,  even  though  he  does  not  obtain  the  expected 
benefit  or  even  though  he  suffer  actual  detriment,  provided 
the  service  was  performed  w^ith  proper  skill.  If  he  contract 
to  have  a  particular  tooth  extracted,  he  must  pay  the  agreed 
compensation  therefor  even  though  he,  by  mistake,  indicated 
and  suffered  the  extraction  of  the  wrong  tooth. 

The  contract  may  be  express  though  its  terms  are  not 
so  specific  as  those  given  in  the  above  illustrations.  The 
patient  may  agree  to  pay  so  much  per  hour,  either  for  a 
given  number  of  hours,  or  for  the  number  of  hours  of  work 
needed  on  his  teeth  or  mouth.  If  he  promise  to  pay  so 
much  per  hour  for  a  given  definite  time  he  is  bound  to  present 
himself  for  treatment  for  that  length  of  time  unless  the 
work  is  finished  before  the  time  agreed  on  has  expired.  If 
he  does  not  present  himself  he  is  not  necessarily,  however, 
liable  to  the  dentist  for  the  whole  compensation  agreed  on. 
He  is,  of  course,  liable  under  his  contract  for  the  agreed  price 
per  hour  for  the  actual  number  of  hours  of  work  performed. 


THE  CONTRACT  OF  EMPLOYMENT  45 

If  not  only  the  number  of  hours  was  agreed  on  but  the 
definite  hours  of  certain  days  were  Hkewise  agreed  on,  and 
he  should,  without  notice,  fail  to  present  himself  on  the  day, 
and  at  the  time  specified,  he  would  be  liable  for  the  agreed 
compensation  for  each  hour  just  as  though  the  work  'had 
been  performed  during  those  hours.  If,  however,  he  should, 
before  any  work  was  done,  or  after  a  portion  was  done, 
notify  the  dentist  that  he  would  not  present  himself  for 
treatment  or  for  further  treatment  as  the  case  might  be, 
the  dentist  could  not  necessarily  recover  the  price  agreed 
on  for  the  work.  He  could  still  sue  the  patient  for  breach 
of  his  contract,  and  he  could  recover  damages  therefor,  but 
such  damages  would  be  measured  by  the  actual  loss  suffered 
on  account  of  the  patient's  default.  If  the  dentist  was  not 
notified  within  such  time  as  would  enable  him  to  advan- 
tageously utilize  the  hours  engaged  by  the  patient,  the  latter 
would,  in  general,  be  liable  for  the  agreed  compensation 
for  those  hours.  Nor,  it  is  believed,  w^ould  the  dentist 
be  obliged,  in  order  to  minimize  the  patient's  damages,  to 
allot  those  hours  to  other  patients  if  he  had  other  hours  not 
engaged  which  he  might  allot  to  such  other  patients.  If, 
however,  all  the  dentist's  time  were  engaged  and  prospective 
patients  would  agree  to  take  the  hours  engaged  by  the 
defaulting  patient,  the  dentist  would  be  obliged  to  accept 
the  substitution,  and  could  recover  no  damages  from  the 
defaulting  patient,  except  nominal  damages,  unless,  indeed, 
the  rate  charged  the  new  patient  was  less  than  that  agreed 
on  by  the  defaulting  patient.  In  such  case  the  dentist 
could  recover  the  difference  between  the  two  rates  charged. 
If  the  contract  be  to  pay  so  much  per  hour  for  the  number 
of  hours  necessary  to  put  the  patient's  teeth  in  proper 
condition,  or  to  pay  a  lump  sum  for  the  work,  but  no  specific 
hours  or  length  of  time  for  the  work  is  agreed  on,  the  obli- 
gation of  the  dentist  is  to  hold  himself  in  readiness  to  perform 
the  work  under  reasonable  conditions,  regard  being  had  to 
usual  office  hours  and  his  obligations  to  other  patients. 
He  would  not  be  required  under  this  contract  to  work  except 
during  his  usual  office  hours,  nor  would  he  be  required  to 


46       RELATION  BETWEEN  DENTIST  AND  PATIENT 

break  engagements  already  made  with  other  patients,  but 
he  would  be  obhged  to  give  any  unoccupied  business  hours 
within  reasonable  limits  that  the  patient  should  designate. 
The  patient  likewise  would  not  be  required  to  present  him- 
self at  unusual  hours,  or  at  times  that  would  conflict  with 
other  pieviously  made  engagements  or  with  his  business, 
but  he  too  must  hold  himself  in  readiness  to  present  himself 
on  proper  notice  and  for  a  reasonable  length  of  time  for  such 
engagement.  If  either  dentist  or  patient  should  fail  in 
this  particular,  he  would  be  liable  in  damages.  If  the 
patient  should  be  in  default  the  rule  governing  the  measure 
of  damages  he  would  be  liable  for  is  the  same  as  that  set 
forth  just  above.  If  the  dentist  be  in  default  the  patient 
would  be  justified  in  having  the  work  done  elsewhere  and 
could  recover  from  the  dentist  the  difference  between  the 
sum  agreed  on  for  the  work  and  the  sum  he  had  to  pay  for 
it  to  the  dentist  who  did  it. 

4.  Implied  Contracts. — Most  contracts  between  dentists  and 
their  patients  are  not  express,  but  are  so-called  implied 
contracts.  The  patient  seats  himself  in  the  dentist's 
chair,  the  dentist  examines  his  teeth,  makes  notes  of  what 
work  is  needed,  informs  the  patient  of  the  extent  of  such 
work  more  or  less  perfunctorily,  and  proceeds  to  perform 
the  necessary  work  without  informing  the  patient  of  the 
length  of  time  necessary  to  complete  it,  the  nature  of  the' 
materials  he  proposes  to  use,  how  skilfully  he  will  perform 
it,  whether  it  will  have  the  desired  result,  how  long  it  will 
last,  what  he  will  charge  for  it,  or  when  payment  will  be  due. 
In  such  a  case  as  this  where  one  or  more  of  the  terms  of  the 
contract  are  not  expressly  agreed  on  by  the  parties,  the  law 
implies  a  contract  between  them.  In  the  first  place,  it 
implies  that  the  dentist  will  do  the  work  in  a  reasonably 
skilful  manner,  that  the  length  of  time  in  which  he  will 
do  the  work  will  be  that  in  which  a  reasonably  skilful 
dentist  would  do  it;  that  the  materials  used  will  be  such  as 
a  reasonably  skilful  dentist  would  use  in  the  kind  of  work 
being  done;  that  it  will  have  the  desired  result  so  far  as 
reasonable  skill  can  bring  about  such  result  (i.  e.,  that  the 


THE  CONTRACT  OF  EMPLOYMENT  47 

diagnosis  was  reasonably  skilfully  made  and  that  the  treat- 
ment under  the  diagnosis  was  reasonably  skilfully  done) ;  that 
it  will  last  as  long  as  work  of  that  character  skilfully  done  will 
last;  and  that  he  will  charge  the  ordinary  and  reasonable 
fee. 

The  law  likewise  implies  on  the  part  of  the  patient,  since 
he  has  made  no  express  proniise  in  relation  thereto,  an 
obligation  to  pay  for  the  work,  when  properly  performed, 
at  the  rate  just  mentioned. 

If  the  dentist  fails  to  perform  any  of  these  obligations 
which  the  law  implies,  he  will  be  liable  to  the  patient  for 
such  damage  as  results  from  his  failure.  If  the  patient 
refuses  to  pay  the  sum  the  law  implies  his  promise  to  pay, 
he  is  liable  for  such  sum  in  a  suit  at  law. 

5.  Delegation  of  the  Contract. — It  is  a  general  rule  of  law 
that  a  contract  to  perform  personal  services  cannot  be  dele- 
gated to  another  by  the  person  contracting  to  perform  them. 
An  artist  who  contracts  to  paint  a  picture  for  a  certain  sum 
of  money  cannot,  without  the  consent  of  the  person  who  has 
engaged  him,  fulfil  his  contract  by  getting  another  artist 
to  do  the  work  even  though  the  second  artist  be  one  of  equal 
or  superior  ability  with  the  first,  or  though  the  picture 
painted  by  the  second  be  of  equal  merit  with  any  that  the 
first  could  have  produced.  A  dentist,  therefore,  who  should 
contract  to  perform  professional  services,  whether  such 
services  be  to  extract  or  fill  teeth,  make  a  plate,  or  treat  for 
Rigg's  disease,  could  not,  without  the  consent  of  the  patient, 
delegate  the  work  to  another  dentist,  or  to  an  assistant, 
and  recover  from  the  patient  the  agreed  compensation  for 
the  work.  Of  course,  if  the  patient  assented  to  the  sub- 
stitution he  would  be  liable.  Such  assent  could  be  implied 
from  the  fact  that  the  patient  knowingly,  and  without 
protest,  submitted  himself  to  the  treatment  by  the  assistant 
or  other  dentist.  The  mere  fact,  however,  that  a  patient 
who  had  engaged  A  to  make  a  set  of  false  teeth,  allowed  B, 
an  assistant  of  A,  to  take  impressions  of  his  mouth,  would 
not  necessarily  be  an  assent  to  B's  performing  the  whole 
service  of  making  the  plate. 


48        RELATION  BETWEEN  DENTIST  AND  PATIENT 

6.  Contracts  Made  or  to  Be  Performed  on  Sunday. — Since 
1677  in  England,  and  now  generally  in  this  country,  work 
done  in  a  person's  ordinary  business  or  calling  is  forbidden 
by  statute,  and  contracts  therefore  are  unenforceable.  An 
exception  is,  however,  that  if  the  work  done  be  a  "work  of 
necessity,"  the  person  performing  the  work  may  recover  for 
his  services.  It  has  been  held  by  the  courts  that  the  work 
of  a  physician  in  healing  the  sick  was  a  work  of  necessity. 
In  Stagger's  Estate,^  Reeder,  J.  said:  "It  would  be  con- 
trary to  public  policy  and  detrimental  to  public  health  if 
the  courts  should  hold  that  people  who  were  taken  seriously 
ill  on  Sunday,  calling  in  a  physician  to  care  for  them,  should 
not  be  obliged  to  pay  for  such  services."  The  language 
of  the  court  in  this  case  shows  the  limitations  to  which 
the  exception  to  the  general  rule  is  subject.  Not  every 
contract  made  on  Sunday  would  be  enforceable,  as  such 
contract  must  come  within  the  class  of  works  of  necessity. 
It  is  not  likely  that  a  contract  to  make  a  set  of  false  teeth, 
for  example,  would  in  the  ordinary  case  be  regarded  as 
a  work  of  necessity,  for  no  great  injury  or  pain  would  be 
suffered  by  the  patient  if  the  contract  were  made  or  the 
work  begun  on  the  next  day.  So  in  the  ordinary  case  the 
filling  or  extracting  of  a  tooth  would  hardly  be  regarded  as 
a  work  of  necesssity.  On  the  other  hand,  the  use  of  the 
words  "seriously  ill"  in  the  opinion  just  quoted  cannot  be 
taken  to  define  the  condition  of  the  patient  necessary  to 
entitle  the  physician  or  dentist  to  recover  for  services  per- 
formed on  Sunday.  If  a  person  were  to  break  his  collar 
bone  or  his  arm  on  Sunday  he  could  hardly  be  said  to  be 
"seriously  ill,"  yet  there  can  be  no  doubt  that  if  he  were 
attended  therefor  by  a  physician  on  that  day  the  latter 
might  recover  for  his  services.  So  it  is  believed  if,  in 
order  to  relieve  physical  suffering,  it  was  necessary  for  a 
dentist  to  extract  or  even  fill  a  tooth,  such  service  would  be 
regarded  by  the  courts  as  a  work  of  necessity. 

A  distinction  must  be  made,  however,  between  "works 

1  8  Pa.  Super.  Ct.,  260  (1898). 


GIFTS  BY  PATIENT  TO  DENTIST  49 

of  necessity,"  for  which  a  dentist  can  recover  though  per- 
formed on  Sunday,  and  "necessaries,"  for  which  he  can 
recover  from  a  parent  or  husband.  Many  services  would  be 
regarded  as  "necessaries,"  for  which  a  parent  or  husband 
would  be  liable,  if  performed  for  a  child  or  wife,  which 
would  not  be  "works  of  necessity,"  for  which  the  dentist 
could  recover  if  performed  on  Sunday. 


GIFTS  BY  PATIENT  TO  DENTIST 

The  relation  between  the  dentist  and  patient,  like  that 
between  physician  and  patient,  is  a  confidential  one.  It  has 
been  held,  however,  that  there  is  nothing  in  the  latter  rela- 
tion that  forbids  the  acceptance  of  a  gift  by  the  physician 
from  his  patient.  The  same  rule  would  apply  in  the  case 
of  a  gift  by  the  patient  to  his  dentist.^ 

1  See  Audenried's  Appeal,  89  Pa.,  114  (1879). 


CHAPTER    IV 

LIABILITY  OF  PATIENT  TO   DENTIST 

LIABILITY    FOR    BREACH    OF    CONTRACT 

If  the  patient  fail  to  perform  his  contract  with  the  dentist 
he  is  hable  to  the  dentist  for  such  damages  as  the  dentist 
suffers  by  reason  of  the  breach.  If  the  breach  of  the  con- 
tract by  the  patient  consists  merely  in  a  failure,  after  the 
work  has  been  done,  to  pay  the  dentist  the  compensation 
agreed  upon  between  them,  the  amount  of  such  compensa- 
tion, or  that  amount  with  interest,  will  ordinarily  be  the 
measure  of  the  damages  recoverable  by  the  dentist.  The 
breach,  however,  may  consist  not  only  in  a  failure  by  the 
patient  to  pay  the  compensation  promised,  but  in  a  failure 
to  observe  some  other  term  of  the  contract.  The  patient 
may,  after  making  an  engagement  with  the  dentist  for  a 
certain  hour,  to  have  a  tooth  treated,  not  present  himself 
at  that  hour.  In  such  a  case  the  dentist  is  not  entitled  to 
the  compensation  agreed  on  for  treating  the  tooth,  for  he 
has  not  treated  the  tooth.  He  is,  however,  entitled  to 
recover  the  damage  he  has  suffered  from  the  patient's 
failure  to  appear.  This  damage  may  be  equal  to,  or  less 
than,  the  compensation  agreed  on.  If  the  patient  did  not 
notify  the  dentist  that  he  did  not  intend  to  present  himself, 
and  the  dentist  could,  if  he  had  been  notified,  have  employed 
this  time  with  another  patient,  but  was  prevented  from  so 
doing  by  the  first  patient's  default,  he  can  recover  from  such 
patient  the  value  of  the  time  lost.  If,  however,  the  dentist 
could  utilize  the  time  advantageously,  he  cannot  remain 
idle  and  charge  the  whole  loss  to  the  patient.  If,  for  example, 
another  patient  should  happen  to  come  in  during  the  hour, 
and  the  dentist  should  treat  him,  he  could  recover  from  the 


LIABILITY  FOR  COMPENSATION  51 

first  patient  only  the  difference,  if  any,  between  the  amount 
for  which  he  had  agreed  to  treat  the  first  patient  and  the 
amount  he  received  from  the  second  .patient,  for  that  would 
be  the  extent  of  his  loss. 

The  same  principle  applies  to  other  contracts  between 
the  dentist  and  patient,  whether  such  contract  be  oral  or 
written  (unless  it  be  one  of  the  kind  required  to  be  in  writing) 
express  or  implied.  In  all  cases  the  dentist  recovers,  on 
breach  of  the  contract,  the  proximate  damages  he  has  actu- 
ally suffered  by  the  default  of  the  patient. 

LIABILITY  FOR  COMPENSATION 

1.  In  General. — In  order  to  entitle  a  dentist  to  compen- 
sation for  services,  the  services  must  have  been  rendered, 
and  rendered  under  a  contract  by  which  the  patient  has 
obligated  himself  to  pay  for  them.  As  we  have  seen,  such 
contract  may,  however,  be  implied.  It  will,  however,  be 
implied  only  when  the  circumstances  warrant  the  implica- 
tion. If,  therefore,  the  services  are  rendered  without 
intent  on  the  part  of  the  dentist  to  charge  therefor,  or  even 
with  such  intent  but  under  circumstances  such  as  would 
lead  the  patient  to  believe,  as  a  reasonable  person,  that  they 
were  rendered  gratuitously,  the  dentist  is  not  entitled  in  law 
to  be  compensated  for  such  services.  As  was  said  by  the 
court  in  Prince  v.  McCrae,^  "whether  the  plaintift''s  services 
shall  be  deemed  a  gratuity  or  constitute  a  claim  for  compen- 
sation must  be  determined  by  the  common  understanding 
of  both  parties.  If  they  were  intended  to  be  and  were 
accepted  as  a  gift  or  act  of  benevolence,  they  cannot,  at 
the  election  of  the  plaintiff',  create  a  legal  obligation  to  pay. 
But  their  character  is  not  controlled  by  the  unexpressed 
and  revocable  intentions  of  the  plaintiff'." 

If  the  rate  of  compensation  is  expressly  agreed  on  he  must 
pay  the  amount  agreed.  If  no  rate  of  compensation  is 
agreed  on  before  the  work  is  performed  then  the  patient  is 

1  84  N.  C,  674  (1881). 


52  LIABILITY  OF  PATIENT  TO  DENTIST 

liable  to  pay  the  ordinary  and  reasonable  price  for  services 
of  the  nature  of  those  rendered.^  What  is  the  reasonable 
worth  of  the  services  is  for  the  jury  to  determine,  under  all 
the  circumstances  of  the  case,  and  they  may  take  into 
consideration,  among  other  circumstances,  the  ability  of  the 
practitioner,  and  his  standing  in  his  profession.^ 

In  some  jurisdictions  it  is  held  that  the  financial  ability  of 
the  patient  should  be  considered  in  estimating  the  worth 
of  the  services.^ 

In  other  jurisdictions  a  contrary  rule  obtains.^ 

A  dentist  has  no  authority  to  call  in  a  consulting  dentist 
without  the  consent  of  the  patient  so  as  to  render  the  patient 
liable  for  the  services  of  the  consulting  dentist.  If,  however, 
such  consulting  dentist  is  called  in  at  the  patient's  request, 
or  if  the  regular  dentist  call  in  the  consulting  dentist  without 
the  express  consent  of  the  patient,  if  the  patient  receive  the 
services  of  the  consulting  dentist  without  objection,  knowing 
that  he  is  expected  to  pay  for  such  services,  the  law  will 
imply  a  promise  on  his  part  to  pay  therefor.^ 

It  has  even  been  held  that  where  it  was  agreed  between 
a  regular  physician  and  his  patient  that  the  physician  should 
call  in  a  consulting  physician  and  that  the  regular  physician 
and  not  the  patient  should  pay  for  the  services  of  the  con- 
sulting physician,  that  notwithstanding  this  agreement,  the 
patient  was  liable  to  the  consulting  physician,  the  latter 
being  ignorant  of  the  agreement.^ 

If  the  dentist  call  in  another  dentist  or  a  physician  to 
assist  him,  as  to  administer  ether,  of  the  like,  without  the 
request  of  the  patient,  the  dentist  is  in  the  first  instance 
liable  to  such  assistant  for  his  services.'' 

2.  What  Persons  are  Liable. — Liability  of  Infants. — 
In  general,  the  contract  of  an  infant,  i.  e.,  a  person  under 

1  Prince  v.  McCrae,  84  N.  C,  674  (1881). 

2  Heintz  v.  Cooper  (Cal.),  47  Pac,  360  (1896). 

3  Succession  of  Haley,  50  La.,  Ann.,  840  (1898). 

4  Robinson  v.  Campbell,  47  Iowa,  625  (1878). 

5  Carrey  v.  Stadler,  67  Wis.  512  (1886). 

6  Shelton  v.  Johnson,  40  Iowa,  84  (1874). 

'  Fitzgerald  v.  Hanson,  16  Mont.,  474  (1895). 


LIABILITY  FOR  COMPENSATION  53 

twenty-one  years  of  a^e,  is  not  binding.  The  law,  however, 
has  made  an  exception  to  the  rule  in  the  case  of.  necessaries. 
If  an  infant,  not  living  at  home  under  the  care  and  support 
of  his  parents,  makes  a  contract  for  what  the  law  considers 
a  necessary,  the  infant  is  bound  by  such  contract,  and  having 
obtained  the  benefit  of  it  must  pay  for  it.  The  law  does 
not  expressly  say  what  things  are  necessities,  but  leaves  it 
to  be  determined  in  each  particular  case.  Whether  a  given 
thing  is  a  necessary  may  depend  on  the  wealth  or  station  in 
life  of  the  infant.  There  can  be  no  doubt  that  the  services 
of  a  dentist  in  treating  a  child  for  pyorrhea  would  be  held 
to  be  services  for  a  necessary,  and  that  the  child  himself 
would  be  liable  to  pay  for  such  services.  So  for  any  work 
of  the  dentist  which  militated  in  favor  of  the  child's  general 
health. 

It  has  been  decided  that  the  services  of  a  dentist  in  filling 
teeth  is  a  necessary,  for  which  the  infant  is  liable.^  The 
court  said  in  this  case:  "In  suits  against  minors,  insti- 
tuted by  persons  who  have  rendered  services  or  supplied 
articles  to  them,  the  term  'necessaries'  is  not  invariably 
used  in  its  strictest  sense,  nor  is  it  limited  to  that  which  is 
requisite  to  sustain  life,  but  includes  whatever  is  proper 
and  suitable  in  the  case  of  each  individual  having  reference 
to  his  circumstances  and  condition  in  life. 

"  The  defendant  applied  to  the  plaintiff'  for  relief  from  pain 
and  the  prevention  of  its  recurrence;  he  finding  the  cause 
in  the  defendant's  decaying  and  neglected  teeth,  immediately 
began  the  work  of  relief  and  repair,  and  continued  the  same 
from  time  to  time  during  a  period  of  six  weeks,  until  its 
completion.  It  was  necessary  for  the  preservation  of  the 
teeth,  and  the  charge  therefor  is  reasonable  in  amount. 
In  view  of  the  circumstances  of  this  defendant  we  have  no 
hesitation  in  saying  that  the  services  are  within  the  legal 
limitations  of  the  w^ord  'necessaries.' 

"The  teeth  upon  inspection  disclosed  their  condition  to 
the  plaintiff;  he  could  see  that  they  had  been  neglected  and 

1  Strong  V.  Foote,  42  Conn.,  203  (1S75). 


54  LIABILITY  OF  PATIENT  TO  DENTIST 

were  decaying;  and  the  record  does  not  reveal  any  effort, 
or  intention  even,  on  the  part  of  the  guardian  to  repair 
or  preserve  them." 

Whether  straightening  the  teeth  would  be  considered  a 
necessary,  would  probably  depend  in  most  cases  on  whether 
such  straightening  was  directly  beneficial  to  the  child's 
general  health.  If  it  were,  it  should  in  all  cases  be  considered 
a  necessary.  If  it  were  not  beneficial  to  the  general  health 
but  only  done  to  better  the  child's  appearance,  whether  the 
courts  would  consider  it  a  necessary  or  not  would  depend 
on  the  wealth  of  the  child  or  its  station  in  life. 

We  are  speaking  here  of  the  infant's  own  liability  to  pay 
for  work  done  for  it.  The  liability  of  the  father  for  such  work 
is  treated  elsewhere. 

Even  if  work  done  for  the  infant  be  not  such  as  would 
be  considered  a  necessary,  yet  if  after  such  infant  become  of 
age  he  make  a  new  promise  to  pay  for  work  done,  he  will 
be  liable  on  such  promise  just  as  though  the  work  had  been 
done  after  he  had  reached  his  majority. 

If  the  infant  be  living  at  home,  under  the  care  and  control 
of  his  parents,  he  is  not,  himself,  liable  even  for  such  dental 
work  done  for  him  as  would  come  within  the  term  "neces- 
saries," if  the  parent  is  willing  and  able  to  support  him.^ 
Or  if  the  service  were  rendered  at  the  request  of  the  parent, 
even  though  the  parent  were  not  able  to  support  him  and 
the  child  had  a  separate  income.^ 

It  has  been  held  that  even  though  the  parent  is  unable 
financially  to  supply  a  child  living  with  him  with  necessaries, 
the  child  is  not  liable  on  his  own  contract  to  pay  for  such 
necessaries.  In  this  case,^  a  physician  sued  a  minor  for 
medical  attendance  and  medicine  furnished  the  minor.  At 
the  time  the  services  were  rendered  the  minor  was  living  with 
his  parents,  who  kept  house.  It  was  shown  that  the  father 
was  very  poor  and  unable  to  pay  his  bills  at  the  time  of  the 
son's  illness,  that  he  had  had  to  have  even  his  poll  taxes 


1  Wailing  v.  Toll,  9  Johns  (N.  Y.),  141  (1812). 

2  Murphy  v.  Holmes,  87  App.  Div.,  366  (1903). 
8  Hoyt  V.  Casey,  114  Mass.,  397  (1874) 


LIABILITY  FOR  COMPENSATION  55 

abated  because  he  was  too  poor  to  pay  them;  that  he  was 
ejected  from  his  house  because  he  could  not  pay  the  rent; 
and  that  the  physician  knowing  these  facts,  did  not  look  to 
the  father  for  payment  at  the  time  he  rendered  his  services, 
but  to  the  son.  The  court  held  that  in  order  for  the  physi- 
cian to  recover  from  the  son  it  was  necessary  for  him  to 
prove  not  only  that  the  father  was  too  poor  to  pay  for  the 
services  rendered  the  son,  but  that  he  must  go  farther  and 
show  a  refusal  or  neglect  of  the  father  to  furnish  them.  Said 
the  court :  "  When  necessary  professional  services  are  rendered 
to  a  minor  son  residing  in  the  house  of  his  father,  the  legal 
inference  is  that  the  father  is  the  person  liable  therefor. 
In  the  present  case,  the  father  was  keeping  a  family  together, 
and  was  receiving  the  wages  of  this  minor.  While  it  was 
proved  that  he  was  unable  to  pay  the  debts  he  had  incurred, 
he  was,  so  far  as  it  appeared,  doing  his  best  with  the  means 
at  his  command  to  provide  for  his  family.  No  refusal 
or  neglect  to  perform  his  duty  of  supporting  his  son  was 
shown,  although  from  his  impoverished  condition  it  may 
perhaps  be  fairly  inferred  that  such  duty  could  be  but 
imperfectly  performed.  Ordinarily  when  one  renders  to 
another  valuable  services,  the  law  will  imply  a  promise  to 
pay  therefor  by  him  for  whom  such  service  is  rendered,  and 
this  upon  the  ground  that  as  such  party  cannot  infer  service 
of  this  character  to  be  gratuitous,  it  must  be  implied  that  he 
promised  to  pay  for  it;  but  no  such  implication  can  arise 
against  a  minor  residing  with  his  father,  delivering  over  to 
him  his  wages,  and  entitled  to  look  to  him  for  support. 

"Upon  the  evidence  in  the  present  case  all  the  elements 
exist  which  are  necessary  to  make  the  father  liable.  The 
plaintiff  could  not  fix  a  liability  upon  the  son  by  giving  the 
credit  to  him  for  the  services  without  the  knowledge  of  either 
the  father  or  the  son.  Whether  such  liability  had  been 
incurred  must  be  determined  by  the  facts,  with  which  both 
parties  were  acquainted." 

It  seems,  however,  in  other  States,  that  though  while 
the  infant  is  living  with  its  parents,  the  presumption  is  that 
such  infant  is  supplied  by  its  parents  with  necessaries,  and 


56  LIABILITY  OF  PATIENT  TO  DENTIST 

hence  being  supplied  cannot  bind  itself  for  what  would 
otherwise  be  necessary;  that  yet  if,  in  fact,  the  parents  do 
not  supply  the  child  with  necessaries,  the  child  may  make 
a  valid  contract  binding  itself  to  pay  for  such  necessaries 
furnished  it  on  its  own  request.^  In  Murphy  v.  Holmes,^ 
the  Supreme  Court  of  New  York  states  the  rule  as  follows: 
"The  theory  upon  which  an  infant  is  rendered  liable  for 
necessaries  is  that  they  have  been  furnished  and  were  neces- 
sary, and  that  the  person  standing  in  the  relation  of  parent 
has  not  the  ability  to  respond  for  the  amount  thereof. 
Where  they  have  such  ability,  no  liability  can  attach  to  the 
infant." 

Tyler^  states  the  rule  thus:  "An  infant  when  at  home 
under  the  care  of  his  father,  and  supported  by  him,  cannot 
be  made  liable  for  necessaries." 

In  the  case  of  Parsons  v.  Keys,*  a  child  who  was  living 
with  her  mother  contracted  for  necessaries.  It  did  not 
appear  whether  the  guardian  or  mother  either  proposed  to 
supply  the  child's  needs,  or  that  they  refused  to  do  so.  The 
court  held,  in  a  suit  against  the  minor,  that  the  minor  was 
liable  if  her  needs  were  not  supplied,  and  held  further  that 
the  burden  of  proving  that  the  minor's  needs  were  supplied 
devolved  on  the  child. 

Much  more  is  the  minor  liable  if  the  parent  consents  to 
the  minor's  contracting  for  the  necessary  services  with  the 
understanding  that  the  services  are  to  be  charged  to  the 
minor,  it  not  appearing  that  the  parent  was  able  to  furnish 
them.^ 

When  the  infant  is  living  with  a  guardian  and  the  guardian 
is  able  and  willing  to  supply  the  child  with  necessaries,  the 
infant  cannot  bind  himself,  without  the  guardian's  consent, 
to  pay  for  necessary  services  performed  for  him,^    Where, 

1  See  the  expression  of  the  rule  of  law  in  Wailing  v.  Toll,  9  Johns  (N.  Y.),  141  (1812) ; 
Goodman  v.  Alexander,  28  App.  Div.  (N.  Y.),  227  (1898). 

2  87  App.  Div.  (N.  Y.)  (1903),  73. 

3  Infancy  and  Coverture,  2d  ed.,  108.  *  43  Tex.,  557  (1875). 

5  Atchison  v.  Bruff,  50  Barb.   (N.  Y.),  381  (1868);  Dalton  v.  Gib.,  5  Bingh.,  N.  C. 
(Eng.),  198  (1839). 

6  Schouler,  Dom.  Rel.,  370. 


LIABILITY  FOR  COMPENSATION  57 

however,  the  guardian  refuses  to  furnish  the  child  with 
necessaries,  the  child  itself  is  liable  for  such  necessaries. "^ 

In  all  cases  where  an  infant  is  liable  for  necessaries 
furnished  him  it  is  not  necessary  to  prove  an  express  promise 
by  him  to  pay  for  the  necessaries ;  it  is  sufficient  to  show  that 
the  necessaries  were  in  fact  furnished  to  and  enjoyed  by 
him.2  Even  when  an  express  contract  is  made  by  him  to 
pay  a  certain  sum  for  the  necessaries  furnished  he  is  only 
liable  to  pay  what  the  necessaries  are  worth,  not  w^iat  he 
may  have  agreed  to  pay  for  them.* 

Liability  of  Parent. — We  have  seen  that  an  infant  is 
liable  himself  for  dental  work  done  for  him  only  when  such 
work  is  a  necessary,  or  when  he  is  not  living  with  a  parent 
or  guardian,  able  and  wilhng  to  support  him,  or  when  sub- 
sequent to  his  coming  of  age  he  makes  a  new  promise  to 
pay  for  such  work.  It  frequently  happens,  however,  that 
the  work  done  is  of  such  a  character  as  not  to  fall  within  the 
meaning  of  the  term  "necessary,"  or  if  it  does,  that  while 
the  infant  is  legally  liable  he  has  no  funds  or  other  property 
from  which  the  debt  can  be  realized.  In  such  cases  it  is 
necessary  for  the  dentist  to  look  elsewhere  for  payment  for 
his  services,  and  it  then  becomes  necessary  to  determine 
whether  the  father  is  liable  for  services  rendered  the  child. 

In  order  to  hold  a  parent  liable  for  dental  services  rendered 
to  his  minor  child,  there  must  be  shown  either  an  express 
contract  by  the  father  to  pay  for  such  services,  or  circum- 
stances from  which  a  contract  by  the  father  can  be  inferred.^ 

Express  Promise. — Where  the  father  enters  into  an  express 
contract  with  a  dentist  to  treat  his  child,  he  is  liable  in  the 
same  way  and  to  the  same  extent  as  where  he  enters  into 
such  contract  for  services  to  himself.  Such  liability  has 
been  treated  of  above. 

Necessaries. — In  Van  Valkinburgh  v.  Watson^  it  is  said: 
"  A  parent  is  under  a  natural  obligation  to  furnish  necessaries 
for  his  infant  children;  and  if  the  parent  neglect  that  duty 

1  See  Call  v.  Ward,  4  W.  &  S.  (Pa.),  118  (1S42). 

2  Tyler  on  Infancy,  sec.  62.  3  22  Cyc,  591.  n.  38. 
<  Schouler,  Domestic  Relations,  sec.  252  a.  s  13  Johns,  480  (ISIG) 


58  LIABILITY  OF  PATIENT  TO  DENTIST 

any  other  person  who  supphes  such  necessaries  is  deemed 
to  have  conferred  a  benefit  on  the  dehnquent  parent,  for 
which  the  law  raises  an  impHed  promise  to  pay  on  the  part 
of  the  parent."^ 

In  order  to  charge  the  parent,  however,  in  such  a  case  it 
must  be  shown  not  only  that  the  articles  or  services  furnished 
come  within  the  class  denominated  "necessaries,"  but  also 
that  there  was  a  clear  omission  of  duty  on  the  part  of  the 
parent  to  make  provision  for  the  supply  of  such  necessaries.^ 
"  If  the  infant  resides  at  home,  it  is  to  be  presumed  that  the 
father  furnishes  whatever  is  necessary  and  proper  for  his 
maintenance;  and  a  proper  support  being  rendered,  under 
such  circumstances,  a  third  person  cannot  supply  necessaries 
and  charge  the  father."^ 

In  Dumser  v.  Underwood,^  Underwood,  a  dentist,  brought 
an  action  to  recover  S19  from  Dumser  for  dental  work  done 
for  his  [Dumser's]  minor  daughter.  The  facts  were:  that 
appellant's  daughter  Blanche,  then  sixteen  years  old,  told 
her  father  that  her  teeth  needed  attention,  whereupon  he 
told  her  to  go  to  Doctor  Whedon,  appellant's  family  dentist, 
living  at  Elgin,  and  have  him  examine  her  teeth  and  make 
an  estimate  of  the  price  of  the  work.  This  she  did,  and 
reported  back  that  the  cost  as  estimated  by  Whedon  would 
be  $10.  He  then  told  her  she  could  have  Whedon  do  it.  A 
few  weeks  afterward  she,  instead  of  going  to  W^hedon,  went 
to  Underwood,  who  did  the  work  and  charged  $19  for  it. 
Dumser  knew  nothing  of  Underwood's  doing  the  work  until 
the  statement  was  sent  him. 

The  court  said:  "In  our  opinion  appellee  (Underwood) 
had  no  ground  for  recovery  against  appellant  (Dumser) .  The 
services  were  performed  without  the  knowledge  or  consent 
of  appellant,  at  a  time  when  his  daughter  was  residing  at 
home,  and  when  her  father  was  ready  and  willing  to  provide 
all  things  necessary  for  her  care  and  comfort. 


1  See  also  Farmington  v.  Jones,  36  N.  H.,  271  (1858). 

2  2  Kent,  Com.,  193;  Pidgen  v.  Cram,  8  N.  H.,  312  (1836). 
'  Schouler,  Domestic  Relations,  sec.  252. 

i  68  III.  App.,  121  (1896). 


LIABILITY  FOR  COMPENSATION  59 

"When  a  person  furnishes  necessaries  to  a  minor  without 
authority  from  the  parent,  he  does  so  at  his  peril,  and  in 
order  to  recover  from  the  parent  he  must  show  either  an 
express  authority  or  circumstances  from  which  such  authority 
may  be  imphed.  The  parent  is  to  be  the  judge  of  the  wants 
of  the  child  and  of  his  ability  to  supply  them,  and  where  no 
express  authority  has  been  given,  it  devolves  upon  the  party 
suing  to  show  the  parent's  neglect  or  refusal  to  provide 
for  the  child's  wants.  Hunt  v.  Thompson,  3  Scam.,  179; 
Gotts  v.  Clark,  78  III,  229;  Mc:Millan  v.  Lee,  78  111.,  443; 
Schmickle  v.  Biermen,  89  111.,  454;  Clark  v.  Gotts,  1  App., 
454;  Allen  v.  Jacobi,  14  App.,  277." 

A  promise  by  the  parent  to  pay  for  necessary  services 
rendered  to  the  child  may  also,  perhaps,  be  implied  where 
some  special  exigency  arises  to  meet  which  the  services  were 
rendered,  but  the  exigency  must  be  such  as  to  show  that  it 
would  have  been  unreasonable  or  inexpedient  to  seek  the 
previous  assent  of  the  parent.  In  Ketcham  v.  Marsland,^ 
Ketcham,  a  dentist,  brought  an  action  against  jNIarsland 
for  the  value  of  his  services  rendered  to  Marsland's  infant 
daughter,  in  filling  and  straightening  her  teeth.  At  the 
time  the  services  were  rendered,  the  daughter  was  tempor- 
arily residing  apart  from  her  parents  with  one  j\Irs  Beecher, 
at  whose  direct  request  this  dental  service  was  rendered. 
The  court  held,  in  effect,  that  such  services  were  not  so 
immediately  needful  as  to  raise  an  implied  promise  on  the 
part  of  the  father  to  pay  for  the  same,  or  to  create  Mrs. 
Beecher  his  agent  to  contract  for  them  on  his  behalf. 

In  Keaton  v.  Davis,^  Davis  sued  Keaton  for  $50  which 
Davis  had  expended  in  paying  for  medical  services  rendered 
to  the  son  of  Keaton,  while  said  son  was  boarding  with 
Davis.  The  court  in  refusing  to  allow  a  recovery  against 
the  father  said:  "No  proof  was  adduced  that  this  young 
man  was  a  minor  under  the  care  of  the  defendant  in  error; 
or  that  his  parents  were  not  near  him;  or  that  they  had  not 
made  any  provision  for  him  in   this  respect;   or  that  the 

1  IS  Misc.  (N.  Y.),  450  (1896).  2  IS  Ga.,  457  (1855). 


60  LIABILITY  OF  PATIENT  TO  DENTIST 

exigency  of  the  case  was  such  that  it  was  reasonable  and  proper 
that,  under  the  circumstances,  this  physician  should  have 
been  called  in  by  the  defendant  in  error  to  the  young  man, 
and  the  bill  paid  by  him.  In  such  a  case  the  law  would 
have  implied  a  promise  to  pay.  But  in  the  absence  of  such 
evidence,  and  of  any  proof  in  the  court  below,  of  any  request 
having  been  made  by  Keaton,  the  plaintiff  in  error,  that  the 
defendant  in  error  should  pay  this  debt  for  him,  or  that 
Keaton  had  ever  promised  to  pay  the  same,  we  think  that 
it  was  error  in  the  court  to  permit  a  recovery  against  the 
plaintiff  in  error." 

In  Porter  v.  Powell,^  defendant's  daughter,  at  the  age 
of  fourteen  years,  went  to  reside  away  from  her  father's 
home,  at  a  place  thirty  miles  distant.  While  there  she  was 
taken  dangerously  ill  with  typhoid  fever,  and  at  her  request 
was  attended  by  the  plaintiff,  as  her  physician,  without  the 
knowledge  or  consent  of  her  father.  In  a  suit  by  the  physi- 
cian against  the  girl's  father  for  the  value  of  his  services, 
the  court  held  that  the  physician  was  entitled  to  recover.^ 

The  implied  promise  of  the  parent  to  pay  for  necessary 
services  rendered  to  the  child  is  not  negatived  by  the  mere 
fact  that  the  child  is  living  away  from  home. 

If  the  child  is  forced  to  leave  its  home  with  the  father 
because  of  the  abuse  or  cruelty  of  the  father,  it  has  been 
held  that  the  father  is  liable  for  the  necessaries  furnished 
the  child.^ 

Where,  however,  the  child  has  voluntarily  abandoned 
its  home  with  the  parent  through  no  fault  of  the  parent 
for  the  purpose  of  seeking  his  fortune  in  the  world,  or  to 
avoid  discipline  and  restraint  of  the  parents,  he  carries  with 
him  no  credit,  and  the  parent  is  under  no  obligation  to  pay 
anyone  who  furnishes  him  even  necessaries.^  Especially  is 
this  true  where  the  child  has  left,  or  remains  away  from 


1  79  Iowa,  151  (1890).  2  Farmington  v.  Jones,  36  N.  H.,  271  (1858). 

3  Manning  v.  WelLs,  85  Hun.  (N.  Y.  ),  27  (1895);  but  see  Gordon  v.  Patten,  17  Vt. 
350  (1845). 

*  Angell  V.  McLellan,  16  Mass.,  27  (1819);  but  see  Cooper  v.  McNamara,  92  Iowa. 
243  (1894). 


LIABILITY  FOR  COMPENSATION  61 

home  without  the  parent's  consent,  or  is  emancipated  or 
receiving  the  benefits  of  its  own  labor/ 

In  Angell  v.  McLellan,  supra,  the  court  said:  "There  are 
undoubtedly  some  cases  in  which  the  application  of  this 
doctrine  may  appear  harsh;  but  an  attention  to  the  conse- 
quences of  a  different  doctrine  will  be  a  sufficient  vindication 
of  the  principle.  Could  a  refractory  or  vicious  son  leave 
his  father's  house,  without  being  exposed  to  want,  carrying 
with  him  a  credit  on  his  father  wherever  he  might  wander, 
the  motive  for  submitting  to  authority  might  be  materially 
impaired,  and  a  great  diminution  of  parental  influence  might 
ensue.  One  of  the  greatest  restraints  upon  the  bad  passions 
and  vicious  propensities  would  be  removed  if  young  persons 
should  feel  that  they  could  flee  their  parent's  presence, 
without  suffering  in  any  of  the  essentials  of  life. 

"The  law,  therefore,  has  wisely  left  individual  cases  of 
generous  interference,  to  depend  upon  the  honor  of  those 
connected  with  the  object  of  it,  rather  than  place  in  the 
hands  of  thoughtless  or  ill-disposed  youth  their  parent's 
purse,  to  supply  their  wants  with,  whenever  they  should 
incline  to  defy  his  authority,  and  withdraw  themselves  from 
his  government. 

"In  the  argument  for  the  plaintiff,  we  see  many  reasons 
to  regret  that  he  has  been  obliged  to  resort  to  a  suit  for 
money,  which  he  has  a  right  to  expect  would  have  been 
returned  to  him  with  gratitude  for  his  well-intentioned 
advances.  But  the  law  cannot  be  bent  to  his  case  and  we 
are  persuaded,  that  public  policy,  and  a  due  regard  to 
parental  authority,  will  sufficiently  justify  the  law." 

For  Services  Not  Necessaries. — A  father  may  be  liable 
without  an  express  promise,  to  pay  for  services  for  his  child 
even  when  the  services  do  not  come  within  the  class  denomin- 
ated "necessaries,"  on  the  doctrine  of  agency.  If  the  parent 
sends  his  child  to  the  dentist  with  instructions  to  have  certain 
work  done,  he  makes  the  child  his  agent  to  contract  with 
the  dentist  on  the  parent's  behalf,  and  the  law  implies  a 
promise  on  the  part  of  the  parent  to  pay  for  such  work. 

1  29  Cyc,  1910. 


62  LIABILITY  OF  PATIENT  TO  DENTIST 

The  father,  however,  has  the  right  to  choose  what  dentist 
he  will  employ,  and  if  he  sends  the  child  to  dentist  A  and 
the  child,  preferring  dentist  B,  goes  to  the  latter  and  has 
the  services  performed  by  him,  the  father  is  not  liable  to 
dentist  B  for  the  work  done  even  though  the  work  came 
within  the  class  of  necessaries.  In  Dumser  v.  Underwood,^ 
Underwood,  a  dentist,  sued  Dumser  for  $19  for  dental 
services  performed  for  Dumser's  minor  daughter.  The 
daughter  had  informed  her  father  that  her  teeth  needed 
attention,  whereupon  he  told  her  to  go  to  Dr.  Whedon, 
the  family  dentist,  and  ask  him  to  examine  her  teeth  and 
make  an  estimate  of  the  cost  of  the  work.  This  she  did  and 
reported  to  her  father  that  the  cost  as  estimated  by  Dr. 
Whedon  would  be  $10.  The  father  then  told  her  to  have 
Dr.  Whedon  do  the  work.  The  daughter,  however,  went 
instead  to  Underwood;  who  did  the  work  for  which  he  charged 
$19.  It  was  admitted  that  $19  was  a  reasonable  sum  for 
the  work.  On  the  refusal  of  the  father  to  pay.  Underwood 
sued  him  for  the  amount  of  his  bill.  The  court  having 
ruled  that  the  work  was  not  a  "necessary"  (see  supra), 
Underwood  next  contended  that  as  Dumser  had  given  his 
daughter  authority  to  have  dental  work  performed,  he  had 
made  her  his  agent  to  procure  such  work,  and  was  therefore 
liable  for  the  cost  of  same.     The  court  said: 

"  It  is  insisted  that  the  permission,  thus  delegated,  clothed 
her  with  such  apparent  authority  as  to  render  him  liable 
although  she  acted  contrary  to  his  private  instructions. 

"This  contention  loses  sight  of  the  distinction  between 
general  and  special  agencies. 

"The  agency  in  this  case  was  special,  viz.,  to  have  the 
work  done  by  Dr.  Whedon.  A  special  agent  is  one  author- 
ized to  do  a  specific  act  in  respect  to  which  his  power  is 
limited.  A  party  dealing  with  him  is  bound,  at  his  peril, 
to  ascertain  the  extent  of  his  authority.  Anson  on  Con- 
tracts, 345;  Doan  et  al.  v.  Duncan,  17  111.,  272;  Peabody  v. 
Hoard,  46  III,  242;  Baxter  v.  Lamont,  60  111.,  237." 

1  68  ni.  App.,  121  (1896). 


LIABILITY  FOR  COMPENSATION  63 

It  is  not  necessary  in  order  to  hold  the  father  for  payment 
that  he  send  the  child  to  the  dentist  on  the  particular  occa- 
sion or  occasions  on  which  the  work  is  done  for  which  it  is 
sought  to  hold  the  father  liable.  If  the  child  has  on  previous 
occasions  come  to  the  dentist  and  had  work  done  with  or 
without  his  father's  knowledge,  and  his  father  has  paid  for 
such  services  without  protest  to  the  dentist,  the  father  will 
be  liable  for  subsequent  work  done  by  the  same  dentist 
to  the  same  child  though  the  work  was  done  without  the 
father's  consent  or  knowledge.  And  this  is  true  whether 
the  work  be  a  "necessary"  or  not.^  But  the  fact  that  the 
father  has  previously  paid  for  such  work  done  by  one  dentist 
would  not  render  him  liable  for  work  done  for  the  same  child 
by  another  dentist.  The  mere  fact,  however,  that  a  father  on 
previous  occasions  has,  without  protest,  paid  for  work  done 
by  the  dentist  for  the  child,  does  not  necessarily  make  the 
father  liable  for  any  and  all  kinds  of  work  done  for  the  child 
on  subsequent  occasions.  To  render  him  so  liable,  the  work 
for  which  the  dentist  seeks  to  hold  him  liable  must  be 
work  of  the  same  general  character  as  work  previously 
done.  The  theory  on  which  the  father  is  held  liable  in  such 
cases,  is  that  the  father  having  expressly  or  impliedly  author- 
ized the  child  to  contract  with  the  dentist  for  the  father,  the 
father  is  liable  on  such  a  contract. 

If  A  should  expressly  authorize  B  to  go  out  and  buy 
sheep  for  him  from  X,  or  impliedly  authorize  him  to  do  so 
by  paying  X  for  sheep  bought  for  him  by  B  on  previous 
occasions,  this  would  not  make  A  liable  on  a  contract  made 
for  him  by  B  with  X  without  his  (A's)  knowledge  for  the 
building  of  a  house. 

So  the  fact  that  a  child  was  impliedly  authorized  by  his 
father,  from  previous  payment  by  his  father  for  the  same 
services,  to  contract  for  the  extraction  of  teeth,  or  the  filling 
of  teeth,  would  not  be  an  authorization  to  the  child  to  con- 
tract for  the  making  of  a  false  palate  or  a  set  of  false  teeth; 
it  is  doubtful  if  it  would  authorize  the  child  to  contract 

1  Mecham,  Agency,  sec.  84. 


64  LIABILITY  OF  PATIENT  TO  DENTIST 

for  the  straightening  of  the  teeth  or  for  any  kind  of  work 
substantially  different  or  much  greater  in  cost  than  the 
character  of  work  previously  paid  for.^ 

The  mere  fact  that  a  father  has  expressly  authorized  one 
child  to  contract  for  him,  or  has  impliedly  done  so  by  paying 
for  work  previously  contracted  for  by  one  child,  does  not 
render  him  liable  for  work  done  for  another  of  his  children 
without  his  knowledge  or  consent. 

Liability  of  Husband.^ — For  Services  before  Marriage. — 
Before  1870,  in  England,  when  a  woman  married,  all  her 
property  became  the  property  of  her  husband.  The  effect 
of  this  was  that  the  wife  could  not  be  liable  for  any  debts 
contracted  by  her  before  marriage,  for  after  she  became  a 
wife  she  had  no  property  with  which  to  pay  them.  As, 
however,  her  husband  on  the  marriage  became  the  owner  of 
what  property  the  wife  owned  before  marriage,  the  law"  held 
him  responsible  for  all  debts,  including  debts  for  dental 
services,  contracted  by  her  before  her  marriage.^ 

In  1870  the  first  "Married  Woman's  Property  Act"  was 
passed  by  the  British  Parliament.  This  statute  was  amended 
by  the  Act  of  1874,  and  in  1882  these  two  acts  were  super- 
seded by  the  Act  of  1882.  This  Act  radically  changed  the 
law  existing  before  1870.  It  first  enacted  that  thereafter 
the  wife  on  marriage  should  continue  to  own  all  the  property 
that  belonged  to  her  at  her  marriage  or  that  should  devolve 
on  her  after  her  marriage,  and  then  provided  that  thereafter 
not  only  should  the  wife  herself  be  liable  for  all  debts  con- 
tracted by  her  before  her  marriage  to  the  extent  of  her 
separate  property,  but  limited  the  liability  of  the  husband 
for  such  ante-nuptial  debts  of  the  wife  to  such  property 
as  he  acquired  through  his  wife.  This  property  of  the 
husband  which  can  be  made  available  to  meet  this  liability 
is  such  property  as  he  may  get  from  the  wife  by  gift  or 
settlement  by  her.^ 

Similar  statutes  are  in  force  in  the  United  States,  but  as 
they  differ  in  their  terms,  no  general  rule  can  be  laid  down 

1  See  Mecham,  Agency,  sec.  85.  -  Blackstone,  Coram.,  bk.  1,  ch.  15,  p.  44.3. 

3  Smith  on  Contracts,  337;  McQueen's  Husband  and  Wife,  71. 


LIABILITY  FOR  COMPENSATION  65 

as  to  the  effect  of  their  provisions  on  the  extent  of  a  married 
woman's  Habihty  for  her  contracts,  and  it  is  impossible 
in  a  work  of  this  character  to  attempt  to  treat  the  subject 
for  each  State  in  the  Union.  In  some  States  there  are 
decisions  holding  the  husband  still  liable  for  his  wife's  ante- 
nuptial debts  while  in  others  it  has  been  adjudged  that  the 
husband's  liability  is  partly  or  fully  ended. ^ 

For  Services  during  Marriage. — Previous  to  the  enactment 
of  the  statutes  above  mentioned,  a  wife  was  no  more  liable 
generally  for  contracts  made  by  her  during  the  continuance 
of  her  married  state  than  for  contracts  made  by  her  before 
her  marriage.  But  while  the  husband  was  liable  for  all  her 
debts  contracted  before  marriage,  he  was  not  liable  for  all 
debts  contracted  by  her  after  marriage,  but  only  for  debts 
contracted  by  her  when  acting  as  his  agent,  or  under  an 
authority  from  him,  express  or  implied.  The  jNIarried 
Woman's  Property  Acts  have  in  general  changed  the  law 
so  as  to  render  the  wife  herself  liable  for  contracts  made  by 
her  on  her  own  account  during  the  marriage,  but  have  not 
altered  the  liability  of  the  husband.  He  remains  liable  on 
contracts  made  by  her  when,  and  only  when,  she  is  acting 
as  his  agent  in  making  the  contract. 

The  agency  of  the  wife  may  be  shown  in  the  same  way  as 
the  agency  of  any  other  person;  by  actual  authority,  by  a 
ratification  of  the  contract,  or  by  a  recognition  of  similar 
contracts  made  by  her.  The  most  usual  case  of  such  agency 
is  in  contracts  made  by  the  wife  for  necessaries.  If  the 
parties  are  living  together  "the  law  invests  her  at  the 
marriage  with  an  irrevocable  agency  to  pledge  his  credit  for 
whatever  is  necessary  to  her  maintenance,  unless  he  provides 
other  means.  In  another  form  of  the  same  proposition, 
the  law  creates  a  promise  by  him  to  pay  any  third  person 
who  may  furnish  necessaries  to  her,  at  her  request,  directing 
them  to  be  charged  to  him."- 

To  make  the  husband  liable  the  credit  must  have  been 
given  to  him.     If  the  dentist  does  not  at  the  time  of  per- 

1  2  Bishop  on  the  Law  of  Married  Women,  sec.  323. 

2  1  Bishop,  Mar.  and  Div.,  sec.  1186. 


66  LIABILITY  OF  PATIENT  TO  DENTIST 

forming  the  services,  expect  the  husband  to  pay  for  them, 
but  furnishes  them  to  the  wife,  looking  to  her  solely  for 
payment,  the  husband  is  not  liable  therefor.^ 

It  is  not  necessary,  however,  in  order  to  render  the  husband 
liable,  that  the  husband  actually  instructed  the  wife  to 
procure  the  services ;  it  is  sufficient  to  show  facts  from  which 
her  agency  to  procure  them  may  be  implied.  In  Clark  v. 
Tenneson,^  Clark,  a  dentist,  sued  Mrs.  Tenneson  to  recover 
the  value  of  two  plates  which  he  had  made  for  her  at  her 
request.  Clark  testified  that  he  had  made  the  plates  for  Mrs. 
Tenneson,  that  he  knew  that  she  was  a  married  woman, 
that  she  had  paid  him  for  other  work,  that  she  had  always 
personally  paid  her  dental  bills  and  those  of  her  children. 
The  court  held  that  the  suit  should  have  been  against  Mrs. 
Tenneson's  husband,  not  against  her.  The  court  said: 
"It  is  contended  that  the  plaintifi^  and  the  defendant  under- 
stood from  the  course  of  the  transaction  of  ordering,  pro- 
viding, and  delivering  these  teeth  that  it  was  an  individual 
and  personal  sale  to  the  defendant,  and  that  she  personally 
assumed  to  pay  for  them.  The  facts  and  circumstances 
do  not  sustain  this  claim.  True,  the  plaintifi^  had  no  per- 
sonal dealings  with  the  defendant's  husband.  But  this  is 
not  necessary,  if  the  articles  were  purchased  under  circum- 
stances indicating  that  they  were  supplied  her  in  the  usual 
manner  as  necessaries  for  which  a  husband  is  liable  as  such. 
The  question  is.  Did  the  wife  negotiate  the  purchase  under 
circumstances  indicating  that  she  was  authorized  to  do  so? 

"It  appears  with  sufficient  certainty  that  the  defendant 
attended  to  the  dental  affairs  of  herself  and  of  other  members 
of  the  family,  including  the  payment  of  such  bills.  There  is 
nothing  in  the  record  to  show  that  she  paid  such  bills  out 
of  her  separate  funds  or  estate.  Presumably,  then,  she 
made  the  payments  for  the  husband  and  father.  This  is 
sufficient  to  apprise  the  plaintiff  of  this  fact,  and  he  must  be 
deemed  to  have  dealt  with  her  upon  this  basis,  which  showed 
her   relation   to   the   transaction.     For   cases   defining  the 

'  Shclton  r.  Pendleton,  18  Conn.,  417  (1847).  2  (wis.)  130  N.  W.,  895  (1911). 


LIABILITY  FOR  COMPENSATION  67 

authority  of  the  wife  to  obtain  'necessaries'  charged  to  the 
husband,  and  under  what  circumstances  he  will  be  exempt 
from  the  obligation  to  pav  for  articles,  see  ^Yannamake^  v. 
Weaver,  176  N.  Y.,  75,  68  X.  E.,  135,  65  L.  R.  A.,  529, 
98  Am.  St.  Rep.,  621,  and  the  cases  and  comments  in  the 
note.  Under  the  circumstances  we  consider  that  it  was 
established  that  the  defendant  was  acting  under  the 
authority  of  her  husband,  and  the  court  properly  held 
that  it  was  not  shown  that  the  defendant  was  individually 
liable  upon  the  claim  presented  against  her." 

In  Gilman  v.  Andrus,^  a  dentist  sued  a  husband  for  a  plate 
provided  the  wife.  It  was  not  shown  that  the  husband  had 
told  the  wife  to  procure  it.  The  court  said:  "The  plate 
was  furnished  while  the  defendant  and  his  wife  were  living 
together,  and  was  suitable  to  the  defendant's  circumstances 
and  station  in  life.  It  is  expressly  found  that  the  defendant 
permitted  his  wife  to  keep  the  plate,  after  it  came  to  his 
knowledge  that  she  had  procured  it  of  the  plaintiff.  The 
fact  that  the  defendant  did  not  then  repudiate  the  contract, 
and  cause  the  plate  to  be  returned,  will  render  him  liable 
for  what  it  was  reasonably  worth."  Here,  though  the 
husband  did  not  authorize  the  wife  to  obtain  the  plate  the 
court  held  that  by  not  repudiating  her  authority  to  act 
for  him  by  returning  the  plate  he  ratified  her  action,  and 
hence  was  liable. 

As  to  what  are  necessaries  we  have  seen  in  dealing  with 
infants.  The  same  considerations,  generally,  govern  in  the 
case  of  married  women.  In  Clark  v.  Tenneson-  and  Gilman 
V.  Andrus-^  artificial  teeth  were  held  to  be  necessaries.  In 
the  first  of  these  cases  a  dentist  sued  the  wife  for  the  value 
of  a  set  of  false  teeth  which  he  made  for  her  at  her  request. 
The  court  held  that  the  suit  should  have  been  against  her 
husband,  saying:  "Necessaries  .  .  .  embrace  the  usual 
provisions  for  the  maintenance  of  the  wife's  health  and 
comfort  appropriate  to  her  mode  of  life,  in  view  of  their 
social  station  and  standing  and  his  financial  abilities.     It  is 

1  28  Vt.,  241  (1S56).  2  (Wis.)  130  X.  W  ,  895  (1911). 

3  28  Vt.,  241   (1856). 


68  LIABILITY  OF  PATIENT  TO  DENTIST 

a  matter  of  common  knowledge  that  artificial  teeth  are  most 
useful  and  necessary  articles  for  the  promotion  of  personal 
comfort  and  health,  and  that  their  use  in  this  country  has 
attained  practical  universality.  We  consider  that  such 
teeth  come  within  the  class  of  articles  constituting  'neces- 
saries' which  a  husband  may  be  bound  to  furnish  his  wife." 
In  the  second  case  the  suit  was  brought  against  the  husband. 
The  court  held  that  he  was  liable,  as  the  plate  furnished  was 
a  "necessary." 

The  general  rule  of  law  is  that  the  husband  is  not  liable 
even  for  necessaries  if  he  himself  has  made  needful  pro- 
vision for  the  same,  wdiich  she  refuses  to  accept.^  Hence,  if 
the  husband  engages  with  a  competent  dentist  to  furnish 
needed  treatment  for  his  wife,  and  she  preferring  another 
dentist,  avails  herself  of  his  services,  pledging  her  husband's 
credit  for  same,  it  would  seem  that  the  husband  would  not 
be  liable  to  the  second  dentist  for  the  services  rendered. ^ 

For  Services  during  Separation.  —  What  we  have  said 
above  applies  when  the  husband  and  wife  are  living  together. 
If  the  husband  and  wife  are  not  living  together  the  presump- 
tion is  that  she  has  no  authority  to  bind  him  even  for  neces- 
saries. To  hold  the  husband  liable  in  such  case,  it  must  be 
shown  that  her  absence  from  her  husband  was  for  some  cause 
that  would  justify  her  absence,  i.  e.,  that  it  was  not  due  to 
fault  on  her  part;  as  that  she  has  been  deserted  by  her 
husband,  or  been  turned  out  of  doors  by  him,  or  that  his 
conduct  has  compelled  her  to  leave  him.^ 

In  Potter  v.  VirgiP  the  court  said:  "The  assumption  of 
the  circuit  judge  that  the  plaintiff  still  continued  to  be  the 
physician  of  the  defendant's  wife  after  her  removal  to  her 
father's  house,  with  the  knowledge  and  assent  of  the  defendant 
or  at  least  not  forbidden  and  the  contract  of  employment 
not  revoked,  was  correct,  and  well  founded. 

"If  in  these  interviews  between  the  plaintiff  and  defend- 
ant, or  on  any  other  occasioti  after  the  removal  of  his  wife 

1  Bishop  on  Marriage  and  Divorce,  sec.  1188. 

2  See  ibid.,  sec.  1189  n. 

3  McQueen's  Husband  and  Wife,  109  and  110.     ^67  Barb.  (N.  Y.),  581  (1876). 


LIABILITY  FOR  COMPENSATION  69 

from  his  house,  the  defendant  had  forbidden  the  further 
attendance  of  the  plaintiff  upon  his  wife,  and  the  plaintiff 
had  persisted  in  doing  so,  and  had  brought  this  action  to 
recover  for  his  services  after  such  prohibition,  a  very  different 
question  would  have  arisen  for  our  decision. 

"  Upon  this  branch  of  the  case  the  circuit  judge  would  have 
doubtless  been  bound  to  submit  the  evidence  to  the  jury, 
upon  the  question  whether  the  abandonment  by  the  defend- 
ant's wife  of  her  home,  and  her  removal  to  her  father's 
house  was,  under  the  circumstances  of  the  case,  justifiable 
and  proper. 

"A  wife  clearly  cannot  abandon  her  husband's  house  and 
home  and  bind  him  by  contracts  for  necessaries,  provisions, 
clothing,  and  medical  attendance,  except  upon  clear  and 
satisfactory  proof  of  gross  abuse,  neglect,  and  misconduct 
on  the  part  of  her  husband.  (Blowers  v.  Sturtevant,  4 
Denio,  46.  2  Kent.,  146.  Board  of  Supervisors  of  Monroe 
County  V.  Budlong,  51  Barb.,  493.) 

"The  decision  of  the  circuit  judge,  we  think,  was  correct, 
and  the  order  denying  the  motion  for  a  new  trial  should  be 
affirmed." 

If  the  husband  and  wife  are  living  apart  by  mutual 
consent,  he  is  still  liable  on  her  contracts  for  necessaries 
unless  he  has  provided  her  an  allowance  sufficient  for  her 
maintenance.  If  he  has  done  this  he  is  not  obliged  to  notify 
the  dentist  of  the  fact. 

In  all  cases  where  the  husband  is  liable  for  services  per- 
formed for  his  wife,  he  cannot  escape  liability  by  notifying 
the  dentist  not  to  perform  such  services  for  her.^ 

Liability  of  Third  Persons. — The  liability  arising  from 
the  family  relation  of  one  member  of  the  family  to  pay 
for  services  rendered  to  another  does  not  extend  beyond 
the  cases  of  father  and  child  and  husband  and  wife.  A 
brother  is  not  liable,  as  such,  for  services  rendered  to  a 
brother,  even  though  the  brother  for  whom  the  services 
were  performed  was  insane  at  the  time;^  nor  a  son-in-law 

1  McQueen's  Husband  and  Wife,  110  to  112. 

2  Smith  V.  Watson,  14  Vt.,  332  (1842). 


70  LIABILITY  OF  PATIENT  TO  DENTIST 

for  services  performed  for  his  mother-in-law.^  Of  course, 
if  the  brother  or  son-in-law  promised  at  the  time  expressly 
or  impliedly  to  pay  for  such  services  he  would  be  liable  on 
such  promise,  and  such  promise  is  more  easily  inferable 
when  the  services  are  rendered  on  the  request  of  the  defend- 
ant to  a  person  of  the  defendant's  household,  than  when 
rendered  to  a  stranger  on  the  defendant's  request.  Thus 
in  the  case  of  Hentig  v.  Kernke,-  Kernke  came  to  the  plain- 
tiff, a  physician,  and  called  for  his  services,  without  specifying 
to  whom,  or  on  whose  account  they  were  to  be  rendered. 
The  physician  went  to  Kernke's  house  and  treated  Kernke's 
father,  who  was  at  the  time  a  member  of  Kernke's  household, 
expecting  Kernke  to  pay  for  the  services.  Later  the  physi- 
cian presented  his  bill  to  Kernke,  who  promised  to  pay  it, 
but  later  refused  to  do  so  on  the  ground  that  he  was  not 
liable  for  services  performed  for  his  father.  The  court  said : 
"It  is  true  the  person  to  whom  the  services  were  rendered 
was  an  adult  person,  the  father  of  the  defendant,  and  only 
temporarily  a  member  of  the  defendant's  family.  But, 
prima  facie,  the  head  of  a  family  is  responsible  for  all  debts 
which  he  contracts  for  any  member  of  the  family.  If  the 
plaintiff  was  called  by  the  defendant  to  render  service  to 
any  member  of  his  family,  he  has  a  right  to  look  to  the 
defendant  for  his  compensation,  in  the  absence  of  notice 
that  someone  else  was  responsible.  And  while  a  child  may 
be  under  no  legal  obligation  to  support  an  aged  parent,  or 
receive  him  into  his  family,  yet  if  he  does  receive  him  into 
his  family  he  is  prima  facie  responsible  for  services  which 
he  calls  upon  strangers  to  perform  for  the  benefit  of  such 
parent." 

On  the  other  hand,  where  the  proprietor  of  a  summer  hotel 
in  which  yellow  fever  suddenly  broke  out  sent  a  telegram 
saying — "There  are  many  cases  of  yellow  fever  at  the  Well; 
send  out  a  physician  this  afternoon  without  fail."  The 
court  held  that  he  did  not  thereby  render  himself  liable  to 
the  physician  who  attended  the    patients.     The  court  said: 

>  Madden  v.  Blain,  66  Ga.,  49  (ISSO)  2  25  Kan.,  559  (1881). 


LIABILITY  FOR  COMPENSATION  71 

"  Contracts  are  not  to  be  lightly  inferred.  In  cases  of  this 
description,  where  men,  prompted  by  motives  of  humanity 
alone,  seek  assistance  for  a  suffering  community,  or  even 
individuals  incapable  of  helping  themselves;  if  men  are  to 
be  made  responsible  for  notifying  physicians  or  others  of 
the  distressing  casualties  which  demand  immediate  aid 
around  us  almost  daily,  the  claims  of  pressing  calamity 
may  be  disregarded,  for  fear  that  the  kind  messenger  may 
become  the  victim  of  avarice  through  his  generous  sympathy. 
In  the  case  before  us  there  is  nothing  to  induce  the  belief 
that  either  the  writer  of  the  dispatch,  or  the  person  to  whom 
it  was  addressed,  or  the  defendant  in  error  (the  physician) 
understood  or  intended  it  as  a  contract  of  employment."^ 

Liability  of  Employer. — An  employer,  as  such,  is  not 
liable  to  pay  for  dental  services  rendered  to  his  employee 
or  servant.  If  he  expressly  contracts  for  such  services, 
agreeing  to  pay  therefor,  he  is,  of  course,  bound  by  such 
contract.  If,  however,  the  employer  allows  the  servant  to 
procure  dental  services  from  a  certain  dentist  and  to  charge 
the  same  to  him,  the  master,  and  pays  for  such  services 
without  protest,  he  is  liable  for  subsequent  services  of  the 
same  character  obtained  by  the  servant  from  the  same  den- 
tist on  the  master's  credit  within  a  reasonable  period  of  time 
from  the  last  service  rendered  and  paid  for  by  the  master. 
Now  could  the  master  relieve  himself  from  liability  by  show- 
ing that  the  servant  had  since  the  last  payment  left  his 
employ,  unless  the  master  has  notified  the  dentist  of  the 
fact,  or  the  dentist  in  the  exercise  of  reasonable  care  could 
have  ascertained  the  fact.^ 

A  mere  promise  by  an  employer  to  pay  for  services  pre- 
viously rendered  an  emplo^'ee  or  servant,  however,  is  not 
binding  on  the  employer.^ 

Liability  of  County  or  State. — For  Services  to  Paupers, 
etc. — There  is  in  most  if  not  all  our  States,  laws  making 
it  the  duty  of  the  proper  county  officers  to  secure  medical 

1  Williams  v.  Brickell,  37  Miss.,  682  (1S59). 

2  See  Sewell  v.  Williams,  125  Mass.,  439  (1878). 

3  Chappell  V.  Barklcy,  90  Mich.,  35  (1892). 


72  LIABILITY  OF  PATIENT  TO  DENTIST 

attendance  for  the  paupers  and  the  insane  of  the  county, 
and  to  persons  confined  in  jails  and  prisons,  at  the  expense 
of  the  county  or  the  State.  Medical  attendance  has  been 
held  to  include  surgical  service,^  and  there  can  be  no  doubt 
that  such  statutes  would  be  construed  to  include  at  least 
such  dental  services  as  were  necessary  for  the  health  of  the 
paupers,  and  that  the  dentist  performing  such  service  could 
recover  against  the  county  for  the  same.  If  his  compensa- 
tion was  not  fixed  by  the  contract  with  the  proper  officers 
he  should  recover  the  reasonable  value  of  his  services.^ 

In  order  to  recover  against  the  county,  however,  the 
dentist  must  show  that  the  person  at  whose  request  he  per- 
formed the  service  was  authorized  by  law  to  charge  the 
county  for  payment  for  the  services  rendered.^ 

If,  however,  an  officer  of  the  county  engage  for  such 
services  without  the  requisite  authority  to  bind  the  county, 
he  is  himself  personally  liable  to  the  dentist  for  the  value 
of  the  services.^ 

For  Services  at  Coroner's  Inquest. — A  coroner  has  authority 
to  pledge  the  county  of  which  he  is  an  officer  for  the  com- 
pensation for  all  ancillary  services  which  are  necessary  to 
the  proper  execution  of  his  office,  and  which  he  could  by 
no  other  means  command.  Under  this  rule  it  has  often 
been  held  that  the  county  is  liable  to  a  physician  who,  by 
order  of  the  coroner  performs  an  autopsy  to  ascertain  the 
cause  of  a  person's  death,  which  the  coroner  is  investigating.^ 

Under  this  rule  a  dentist  who  is  called  in  by  the  coroner 
to  perform  corresponding  services  would  be  entitled  to 
recover  the  value  of  such  services  from  the  county.  To 
be  entitled  to  remuneration,  however,  his  services  must  be 
something  more  than  the  services  of  a  witness,  even  though 
an  expert  witness.^ 

If  the  dentist,  therefore,  were  called  upon  by  the  coroner 
merely  to  make  an  ocular  examination  of  the  deceased's 

1  Clinton  Co.  v.  Ramsey,  30  111.  App.,  577  (1886). 

2  See  Tucker  v.  Virginia,  4  Nev.,  20  (1868). 

3  Bay  V.  Cook,  22  N.  J.,  L.  343  (1850).  «  Ibid. 
6  Allegheny  County  )..  Watt,  3  Barr  (Pa.),  462  (1846).                                          s  ibj,]. 


LIABILITY  FOR  SERVICES  OF  UNLICENSED  DENTIST     73 

teeth,  for  the  purpose  of  identification,  he  could  demand 
no  compensation  for  such  service,  unless  by  statute  all 
witnesses  at  the  coroner's  inquest  are  entitled  to  compensa- 
tion. Statutes  very  generally  now  provide  for  a  fixed  fee  to 
be  paid  for  the  service  of  "physicians  and  surgeons"  who 
perform  autopsies  at  an  inquest.  Whether  a  dentist  would 
be  regarded  as  included  in  these  statutes  is  covered  by  what 
is  said  in  an  earlier  part  of  this  book.^ 

In  the  absence  of  a  statute  fixing  the  amount  of  such  fee 
or  providing  a  means  for  fixing  it,  the  dentist  who,  by  the 
nature  of  the  services  rendered,  has  entitled  himself  to  com- 
pensation, could  recover  from  the  county  what  his  services 
were  reasonably  worth  as  a  cost  in  the  administration  of 
the  criminal  law.^ 


3.  LIABILITY  FOR  SERVICES  OF  UNLICENSED  DENTIST 

It  seems  that  to  entitle  the  dentist  to  recover  compensa- 
tion for  his  services,  he  must  show  affirmatively  his  compli- 
ance with  the  law  regulating  the  practice  of  dentistry.  His 
right  to  practise  will  not  be  presumed  even  from  the  fact 
that  he  has  been  practising  for  a  long  time.^ 

Statutes  in  several  States  regulating  the  practice  of 
dentistry  expressly  provide  that  failure  to  comply  with  the 
provisions  respecting  license  and  registration  shall  disentitle 
a  dentist  to  recover  remuneration  for  services  performed  by 
him.* 

The  statutes  of  other  States  do  not  contain  this  express 
provision  as  to  the  ^eco^'e^y  of  compensation,  but  provide 
generally  that  "it  shall  be  unlawful"  to  practise,  or  that  "no 
person  shall  practise  unless"  or  words  to  that  effect. 

It  is  a  general  principle  of  the  law  of  contract  that  where 
an  act  is  declared  unlawful  a  contract  to  perform  that  act 
is  void  and  a  promise  to  pay  for  the  performance  of  the  act 

1  See  Chapter  I.  -  Marion  County  v.  Chambers,  75  Ind.,  409  (ISSl). 

3  See  North  Chicago  St.  Ry.  Co.  v.  Cotton,  140  111.,  48G  (1892). 
*  See  statutes,  post,  p.  168. 


74  LIABILITY  OF  PATIENT  TO  DENTIST 

cannot  be  enforced.  Therefore,  if  a  dentist  who  has  not 
qualified  himself  for  practice  in  accordance  with  the  laws 
of  the  State  should  perform  dental  services  in  such  State, 
he  cannot  recover  for  such  services  whether  the  statute 
contain  an  express  provision  to  that  effect  or  not.  The  law 
has  been  thus  declared  in  numerous  cases  when  unlicensed 
physicians  have  sued  to  recover  compensation  for  their 
services.  In  City  of  Chicago  v.  Honey^  the  court  said: 
"This  statute  imperatively  requires  every  person  practising 
medicine  in  any  of  its  departments,  who  has  not  been  prac- 
tising in  this  State  ten  years  prior  to  the  time  the  act  went 
into  effect,  to  do  particular  things,  as  a  prerequisite  to  his 
legal  right  to  do  so,  which  requirement  is  enforced  by  severe 
penal  sanctions.  It  follows,  therefore,  that  no  person 
falling  wdthin  the  provisions  of  the  act,  who  has  failed  to 
comply,  can  maintain  any  action  for  fees  or  services  as  a 
phvsician  or  surgeon.  Bensley  v.  Bignold,  5  Barnwell  and 
Aid.,  335;  Cundull  v.  Dawson,  4  C.  B.  (56  E.  C.  L.),  376; 
Sedg.  on  Construction  of  Stat.,  etc.,  2d  ed.  J.  71."^ 

Where  the  statute  requires  not  only  that  the  dentist  shall 
be  licensed  but  also  that  his  license  shall  be  registered, 
registering,  as  well  as  the  possession  of  the  license,  is  necessary 
to  enable  the  dentist  to  recover  for  services.^  And  it  is 
immaterial  whether  the  patient  was  cognizant  or  not  of  the 
fact  that  the  dentist  was  not  duly  authorized  to  practise.* 

The  fact  that  the  dentist  formerly  had  a  temporary 
license  to  practise  and  was  disabled  by  illness  from  having 
his  license  made  permanent  will  not  entitle  him  to  recover 
for  services  rendered  between  the  time  of  the  expiration  of 
his  temporary  and  the  obtaining  of  his  permanent  license.^ 

If  the  dentist  perform  services  without  first  complying 
with  the  terms  of  the  statute  requiring  license  and  registry, 
he  cannot  recover  for  such  services  even  though  he  afterward 

1  10  111.  App.,  535  (1882). 

2  See  also  Ottaway  v.  Lowden,  55  App.  Div.  (N.  Y.),  410  (1900);  Bohn  v.  Lowery, 
77  Wis.,  424  (1899);  Peterson  v.  Seagraves,  94  Tex.,  390  (1901). 

3  Accetla  v.  Lupa,  54  App.  Div.  (N.  Y.),  53  (1900). 
1  Smith  V.  Tracy,  2  Hall,  465  (1829). 

6  Bohn  V.  Lowery,  77  Miss.,  424  (1899). 


LIABILITY  FOR  SERVICES  OF  UNLICENSED  DENTIST     75 

comply  with  the  requirements  of  the  statute.  And  when 
the  Board  of  Examiners  or  Regents  are  given  authority 
to  make  vahd  an  imperfect  registry,  their  act  in  vahdating 
such  registry  will  not  enable  the  dentist  to  recover  for 
services  rendered  before  such  validating.^ 

The  fact  that  the  dentist  has  paid  for  his  certificate  before 
the  contract  for  his  services  was  entered  into,  will  not  entitle 
him  to  recover  for  services  rendered  by  him  before  he  actually 
procures  his  certificate,  and  it  is  immaterial  whether  his 
failure  to  procure  it  was  due  to  his  own  fault  or  the  fault 
of  the  Board  whose  duty  it  was  to  grant  the  certificate.- 
In  the  case  last  cited  the  plaintiff,  a  physician,  rendered  the 
services  before  he  had  registered.  He  had  applied  to  be 
registered,  however,  before  rendering  the  services,  but  the 
registry  ofiicer  did  not  have  a  registry  book.  The  physician 
did  register  as  soon  as  the  book  was  obtained  by  the  registry 
officer.  He  was  allowed  to  recover  his  fees.  The  court  said : 
"  He  did  his  best  to  register  as  soon  as  he  could.  A  physician 
is  necessary  in  sickness.  Is  nobody  to  have  his  aid  because 
a  clerk  neglects  his  duty?  We  hardly  think  such  was  the 
intention  of  the  general  assembly  in  passing  the  act  of 
1880  above  cited,  in  the  code."  It  is  submitted  that  the 
reasoning  of  the  court  is  not  persuasive;  while  it  is  true  that 
"a  physician  is  necessary  in  sickness,"  the  case  does  not 
show  that  another  and  qualified  physician  could  not  have  been 
secured.  In  an  emergency,  wheie  life  is  at  stake,  it  has  been 
held  that  a  physician  who  had  no  time  to  procure  a  license 
could  recover  for  his  services.^  But  though  he  may  not 
recover  for  services  performed  before  procuring  his  certificate, 
he  may  recover  the  value  of  services  performed  after  pro- 
curing it  even  though  the  contract  to  perform  the  services 
was  entered  into  before  the  certificate  was  secured.  At 
least  if  the  contract  was  not  an  entire  one.* 

The  statutes  of  some  States'  expressly  provide  that  not 

1  Ottaway  i'.  Lowden,  55  App.  Div.  (N.  Y.),  410  (1900). 

2  Gardner  v.  Tatum,  81  Cal.,  370  (1889);  but  see  Parish  v.  Foss,  75  Ga.,  439  (1885). 
'  Board  of  Commissioners  of  Adams  County  v.  Cole,  9  Ind.  App.,  474  (1893). 

^  Ibid.  5  See  statutes,  post,  p.  186. 


76  .  LIABILITY  OF  PATIENT   TO  DENTIST 

only  can  a  dentist,  who  has  not  comphed  with  the  statute 
providing  quahfications  for  practice,  not  recover  for  services 
rendered  by  him,  but  that  if  a  patient  has  paid  the  dentist 
for  such  services  the  patient  may  recover  from  the  dentist 
the  amount  so  paid.  The  great  majority  of  the  statutes 
do  not  contain  this  provision;  and  in  its  absence,  it  should 
be  held  that  where  a  patient  has  voluntarily  paid  for  such 
service,  especially  if  he  knew  at  the  time  of  employing 
the  dentist  that  the  dentist  was  not  qualified,  the  patient 
cannot  recover  money  paid  for  the  services,  for  the  general 
rule  of  law  is  that  the  law  will  not  aid  either  party  to  an 
illegal  transaction;  it  leaves  the  parties  where  it  finds  them.' 
It  is  conceived  that  the  exception  to  this  rule,  viz.,  that  where 
the  penalty  is  imposed  on  one  of  the  parties  only,  the  parties 
are  not  in  pari  delicto,  and  the  innocent  party  may  recover, 
does  not  apply.  The  cases  in  which  recovery  has  been  allowed 
on  this  principle  are  cases  in  which  the  person  seeking  to 
recover  has  not  received  value  for  the  money  paid,  and  where 
great  injustice  would  be  done  in  not  allowing  the  plaintiff  to 
recover.  Where  a  patient  has  been  skilfully  treated,  he  has 
received  full  value  for  the  money  paid  and  none  the  less  so 
that  the  dentist  was  not  legally  authorized  to  do  the  work. 
To  apply  the  exception  therefore  would  not  work  justice, 
but  injustice. 

Burden  of  Proving  License. — In  a  suit  by  a  dentist* for  his 
fee  if  the  patient  defends  on  the  ground  that  the  dentist 
was  not  licensed  or  that  his  license  was  not  registered,  the 
law  in  most  States  is  that  the  burden  of  proving  that  the 
dentist  had  not  complied  with  the  law  is  on  the  patient,^ 
and  the  dentist  need  not  produce  his  license  unless  he  has 
received  notice  by  plea  or  otherwise,  that  he  will  be  required 
to  produce  it.^  The  same  rule  has  been  applied  where  the 
defence  was  that  the  dentist  had  forfeited  his  license  to 
practise. 

1  9  Cyc,  546. 

2  See  Lyford  v.  Martin,  79  Minn.,  243  (1900);  Dickinson  v.  Gordy,  5  Rob.  (La.), 
489  (184.3);  Thompson  v.  Sayre,  1  Den.  (N.  Y.),  175  (1845);  Chicago  v.  Wood,  24 
111.,  App.,  40  (1887);  Conkey  v.  Carpenter,  106  Mich.,  1  (1895). 

3  Crane  v.  McLaw,  12  Rich.  L.  (S.  C),  127  (1859). 


LIABILITY  FOR  SERVICES  OF  UNLICENSED  DENTIST     77 

In  Good  V.  Lasher,  Good/  a  dentist,  brought  suit  against 
Lasher  to  recover  for  services  performed  for  him.  The 
defence  interposed  was  that  Good  had  forfeited  his  hcense 
by  failure  to  register  the  same  during  the  period  of  six 
months  after  its  issue  by  the  State  Board  of  Dental  Exam- 
iners.    The  statute  of  Illinois  provided  "that  any  failure 

.  .  .  on  the  part  of  any  person  holding  such  license 
to  register  the  same  .  .  .  for  a  period  of  six  months 
shall  work  a  forfeiture  of  the  license."  The  evidence  showed 
that  the  plaintiff  had  procured  a  license  from  the  Board  of 
Examiners,  and  that  such  license  was  dated  May  17,  1892, 
and  recorded  on  November  19, 1892.  There  was  no  evidence 
to  show  when  the  plaintiff  received  his  license.  The  court 
held  that  though  more  than  six  months  had  elapsed  between 
the  date  of  the  license  and  its  registry,  yet  the  plaintiff 
could  recover,  for  he  might  have  received  his  license  within 
six  months  from  the  date  of  registry.  The  court  said: 
"  The  presumption  is,  in  the  absence  of  proof  to  the  contrary, 
that  it  was  within  that  period,  for  the  presumption  is  in 
favor  of  the  legality  and  regularity  of  the  proceeding. 

Some  States,  however,  hold  that  since  the  possession  of 
a  license  is  a  matter  peculiarly  within  the  knowledge  of  the 
person  claiming  to  possess  it,  the  burden  of  proving  such 
possession  is  on  the  dentist.- 

The  statutes  requiring  dentists  to  obtain  a  license  generally 
provide  that  such  license  shall  be  prima  facie  evidence  of 
his  right  to  practise.^ 

It  is  necessary  then,  in  these  States,  and  it  is  safer  when 
suit  is  brought  in  States  where  the  question  has  not  yet 
arisen,  to  be  prepared  before  the  trial,  to  prove  the  possession 
of  the  qualifications  required  by  law.  When  the  dentist 
undertakes  to  prove  his  right  to  practise,  claiming  to  be 
qualified  under  a  statute  which  gives  the  dentist  the  right 
to  practise  if  he  has  received  a  diploma  from  any  regularly 

199  111.  App.,  653  (1902). 

2  Dow  V.  Haley,  30  N.  J.  L.,  354  (1863) ;  Cooper  v.  Griffin,  13  Ind.  App.,  212  (1S95) ; 
Adams  v.  Stuart,  5  Harr.  (Del.),  144  (1849). 
'  See  post,  p.  186. 


78  LIABILITY  OF  PATIENT  TO  DENTIST 

constituted  dental  school,  a  parchment  purporting  to  be  a 
diploma  from  a  dental  school  introduced  into  evidence  by 
him  will  not  be  sufficient  proof  to  show  that  he  is  entitled 
to  practise.  He  must,  in  addition  to  the  introduction  of 
the  alleged  diploma,  prove  by  other  evidence  (1)  that  the 
diploma  is  genuine;  (2)  that  the  institution  which  granted 
it  was  such  an  institution  as  was  contemplated  by  the  law.'^ 

Many  of  the  statutes  regulating  the  practice  of  dentistry 
now  provide  that  the  license  or  certificate  granted  by  the 
board  of  examiners  shall  be  evidence  of  the  right  to  prac- 
tise of  the  person  to  whom  the  certificate  was  granted. 
Where  such  provisions  prevail  it  is  not  necessary  in  the  first 
instance  to  prove  the  possession  of  a  diploma  or  other 
requisites  required  by  the  law  as  a  prerequisite  to  obtaining 
the  license. 

If  an  unlicensed  dentist  should  render  services  while  a 
law  is  in  force  providing  that  he  could  not  recover  for  such 
services,  he  could  not  recover  even  though  later  the  statute 
should  be  repealed.^ 

The  same  principle  was  applied  in  Mayfield  v.  Nale,^ 
where  a  physician,  duly  licensed,  removed  his  residence 
from  one  county  to  another  without  obtaining  a  new  license 
in  the  county  to  which  he  removed,  as  required  by  the  law; 
and  in  Bohn  v.  Lowery,^  where  a  physician  had  obtained  a 
license  which,  however,  had  expired  before  the  Services 
for  which  he  sued  were  rendered.  The  court  further  held 
that  the  fact  that  he  could  have  obtained  a  renewal  of  the 
license,  but  was  prevented  from  doing  so  by  illness,  was 
immaterial. 


4.  EFFECT  OF  MALPRACTICE  ON  LIABILITY 

In   a  suit   by  a  dentist  for   remuneration   for    services 
rendered,  the  patient  may  successfully  defend  by  showing 

1  Hill  V.  Boddle,  2  Stewart  and  Porter  (Ala.),  56  (1832). 

2  See  Warren  v.  Saxby,  12  Vt.,  146  (1840). 

3  26  Ind.  App.,  240  (1900).  *  77  Miss.,  424  (1899). 


WHEN  COMPENSATION  IS  DUE  79 

that  in  rendering  the  services  for  which  compensation  is 
demanded  the  dentist  was  guilty  of  malpractice. "^ 

In  some  States  it  is  held  that  if  the  patient  proves  facts 
which  amount  to  malpractice  in  the  services  for  which  the 
remuneration  is  claimed,  the  defence  is  complete  and  goes 
to  the  whole  claim  and  that  the  dentist  can  recover  no  part 
of  his  charges,  but  forfeits  all  right  to  compensation.^  In 
other  States,  however,  it  is  held  that  though  in  an  action 
to  recover  for  services  the  patient  may  defend  on  the  ground 
of  malpractice  in  rendering  the  services,  that  proof  of 
malpractice  will  only  be  conclusive  so  as  to  prevent  recovery 
of  the  whole  claim  if  the  malpractice  was  such  as  to  render 
the  services  useless,  or  to  make  the  damage  suffered  by  the 
patient  equal  to  or  greater  than  the  value  of  the  services 
or  the  amount  due  under  the  contract;  if  the  injury  done 
the  patient  is  not  equal  to  the  value  of  the  services  or  the 
amount  due  under  the  contract  the  dentist  should  recover 
the  difference.^ 

5.  WHEN  COMPENSATION  IS  DUE 

When  the  contract  between  the  dentist  and  his  patient 
provides  a  definite  date  for  payment  for  the  dentist's  services, 
payment  is,  of  course,  due  on  that  date,  and  on  demand  for 
payment,  and  refusal  thereof,  suit  for  payment  may  be  begun 
immediately. 

If  no  time  for  payment  is  fixed  by  the  parties,  the  law 
implies  that  the  patient  has  promised  to  pay  as  soon  as  the 
services  are  performed. 

Where  it  is  the  custom  to  send  bills  at  certain  times,  as 
monthly  or  quarterly,  if  the  patient  knows  of  such  custom, 
and  the  circumstances  show  that  it  was  understood  by  the 
parties  tliat  the  patient  was  not  to  pay  until  such  time 
arrived,  he  cannot  be  sued  until  such  time.     The  mere  fact, 

1  Brinkman  v.  Kursheedt,  84  N.  Y.  Supp.,  575  (1903). 

2  Abbott  V.  Mayfield,  8  Kan.  App.,  387  (1899) ;  Patten  i).  Wiggen,  51  Me.,  594  (1862). 
sWhitesell  v.  Hill,  101   Iowa,  629  (1897);   Schopen  v.  Baldwin,  S3  Hun  (N.  Y.), 

234  (1894);   Piper  v.  Menifee,  12  B.  Mon.  (Ky.),  465  (1851). 


80  LIABILITY  OF  PATIENT  TO  DENTIST 

however,  that  it  is  the  custom  of  the  dentist  to  send  bills 
to  his  patients  at  certain  intervals,  as  monthly  or  quarterly, 
will  not  be  construed  as  an  agreement  wdth  a  patient  to 
extend  credit  to  him  until  the  customary  time  of  sending 
bills  has  arrived.  In  the  absence  of  other  circumstances 
showing  an  agreement  to  postpone  payment,  the  dentist 
may  demand  payment  as  soon  as  the  service  is  rendered. 
If  the  dentist  contract  to  do  a  definite  piece  of  work,  which 
will  last  over  a  considerable  period,  for  a  definite  sum,  with 
no  time  fixed  for  payment,  payment  is  due  when  the  work 
is  finished. 

6.  INTEREST   ON  CLAIM 

Where  interest  is  allowed  generally  on  accounts,  it  seems 
that  the  dentist  is  entitled  to  interest  on  his  claim  for  services 
from  the  time  such  claim  becomes  due.  In  Woodfield  v. 
Colzey,^  a  physician  sued  a  patient  for  services  rendered, 
and  claimed  interest  from  the  time  such  account  became  due. 
The  statute  of  the  State  provided  that  "accounts  of  mer- 
chants, tradesmen,  and  mechanics,  which  by  custom  become 
due  at  the  end  of  the  year,  should  bear  interest."  The 
court  held  that  while  the  statute  did  not  mention  physicians, 
yet  they  were  clearly  within  the  equity  of  the  statute.  That 
the  Legislature  was  not  to  be  presumed  to  pass  laws  for  the 
benefit  of  special  trades  or  occupations,  but  that  it  intended 
that  persons  doing  a  regular  business,  so  as  to  estabhsh  a 
custom,  that  accounts  made  with  them  are  due  at  the  end 
of  the  year,  should  have  interest  on  the  amount  actually 
due,  from  the  time  it  is  due.  The  reasoning  of  the  court 
would,  of  coursq,  make  the  act  applicable  to  the  account 
of  a  dentist. 

7.  EVIDENCE  TO  ESTABLISH  LIABILITY 

There  is  a  general  rule  of  law  that  the  evidence  brought 
before  the   court   to   establish  a  claim  must   be   the   best 

147  Ga.,  121  (1872). 


EVIDENCE  TO  ESTABLISH  LIABILITY  81 

evidence  of  which  the  case,  in  its  nature,  is  susceptible.  By 
this  rule  is  meant  that  no  evidence  shall  be  received  by  the 
court  which  is  merely  substitutionary  in  its  nature,  so  long- 
as  the  original  evidence  can  be  produced. 

This  rule  has  nothing  to  do  with  the  amount  of  evidence 
necessary  to  establish  the  claim;  nor  does  it  prevent  the 
introduction  of  merely  weaker  instead  of  stronger  proofs. 

There  is  a  general  exception  to  this  rule,  viz.,  that  if  the 
production  of  the  best  or  primary  evidence  is  not  within 
the  power  of  the  party  he  may  introduce  secondary  evidence 
to  prove  his  claim.  It  follows  from  the  rule  and  the  excep- 
tion that  if  the  contract  between  the  dentist  and  the  patient 
is  a  written  one,  as  in  some  cases  it  must  be,  to  be  enforce- 
able, and  as  in  any  case  it  may  be,  the  written  contract 
must  itself  be  produced  or  its  absence  accounted  for  or  the 
dentist  cannot  recover  on  the  contract,  as  such.  If  the 
contract  is  in  the  possession  of  the  patient,  notice  to  produce 
it  must  be  given  him;  if  it  is  lost,  proof  of  the  loss  must  first 
be  given. 

If  the  non-production  of  the  writing  is  properly  accounted 
for,  oral  evidence  of  its  terms  may  be  introduced  to  prove 
the  claim. 

If  the  existence  of  the  writing  itself  be  disputed,  as  where 
the  dentist  sues  on  a  contract  which,  under  the  statute  of 
frauds  must  be  in  writing,  and  the  patient  denies  that  it 
was  ever  put  in  writing,  the  writing  itself  must  be  produced ; 
oral  evidence  cannot  be  offered  as  a  substitute  for  it  even 
after  an  offer  to  prove  its  loss.^ 

When  a  dentist  is  suing  a  patient  for  a  single  piece  of 
work  or  an  isolated  service  he  will  ordinarily  find  no  diffi- 
culty in  swearing  to  the  work  done  and  to  the  contract 
price,  or  the  value  thereof.  Where,  however,  he  is  suing 
for  services  rendered  on  several  occasions,  and  extending 
over  a  considerable  period  of  time,  it  is  a  very  difficult 
matter  for  him  to  remember  the  various  services  rendered, 
the  times  when  rendered,  and  the  value  or  charge  for  each 

1  See  Greenleaf,  Evidence,  sees,  82  to  88. 


82  LIABILITY  OF  PATIENT  TO  DENTIST 

service,  so  as  to  be  able  to  swear  to  these  facts,  on  which 
his  suit  is  based,  without  having  recourse  to  his  books  of 
account.  At  first  sight  his  books  of  accounts  might  seem 
to  be  the  best  evidence  possible  to  prove  his  claim.  It 
must  be  remembered,  however,  that  the  law  has  to  deal 
with  the  dishonest  as  well  as  the  honest,  the  careless  as  well 
as  the  methodical,  and  to  frame  its  rules  so  as  to  do  justice 
in  the  majority  of  cases;  these  books  are  kept  by  the  dentist 
himself  and  not  seen  by  the  patient;  the  dentist  may  be 
dishonest  and  make  any  entry  he  pleases;  he  may  be  care- 
less and  make  an  error  in  his  entry;  he  may  make  it  some 
time  after  the  service  is  rendered,  and  from  his  impei feet- 
memory  of  what  the  service  was,  or  its  value.  It  is  evidence 
made  by  himself,  for  himself.  These,  and  other  considera- 
tions, have,  to  some  extent,  governed  the  courts  in  framing 
rules  as  to  the  admissibility  of  books  of  account  in  evidence. 

The  courts  of  the  different  States  are  not  agreed  on  the 
question  of  admitting  these  books  in  evidence.  In  the  first 
place  it  may  be  said  that  books  of  account  may  be  used  in 
court  for  two  purposes:  (1)  jMerely  to  refresh  the  mind 
of  the  dentist  while  he  is  testifying  as  to  the  services  and 
charges  of  which  they  contain  a  record.  (2)  As  evidence 
themselves  to  prove  the  claim.  The  general  rule  is  that 
books  of  account  may  be  used  by  the  witness  merely  to  assist 
his  memory,  in  any  event,  provided,  after  inspecting  it, 
he  can  testify  to  the  facts  from  his  own  recollection,  and 
providing  the  writing  was  made  either  at  the  time  the  service 
for  which  the  suit  was  brought  was  performed,  or  shortly 
afterward.^ 

When  the  books  of  account  are  used  not  merely  to  refresh 
the  memory  of  the  witness,  but  are  sought  to  be  introduced 
as  evidence  of  the  claim  itself,  the  rules  of  the  several  States 
are  not  uniform  as  to  their  admissibility.  In  general  it 
may  be  said,  however,  that  the  books  may  be  so  used  when 
it  is  shown  that  the  book  is  a  book  of  original  entries,  that 
the  entries  were  made  at  the  time  the  services  were  rendered 

1  Greenleaf,  Evidence,  sec.  438. 


EVIDENCE  TO  ESTABLISH  LIABILITY  83 

and  by  the  person  whose  duty  it  was  at  the  time  to  make 
them,  that  true  and  honest  accounts  were  kept,  that  the 
entry  was  reasonably  specific  and  particular.^ 

The  form  of  the  book  is  immaterial  provided  it  be  regularly 
kept  as  a  book  of  original  entry.  It  is  not  necessary  that 
the  entry  be  made  at  the  very  moment  the  service  was 
rendered.  In  Landis  v.  Turner-  entries  had  been  trans- 
ferred from  a  slate  to  a  book  from  one  to  three  days  after 
the  transactions.  This  book  was  offered  in  evidence  during 
the  trial.  The  court  admitted  the  book  in  evidence.  The 
Supreme  Court  held  that  this  was  not  error,  saying:  "The 
fact  that  the  charges  were  made  in  the  first  instance  on 
a  slate,  and  subsequently  transferred,  does  not  affect  the 
character  of  the  book  as  one  of  original  entries.  The  charges 
on  the  slate  were  mere  memoranda,  not  intended  to  be 
permanent.  If  the  transfer  had  been  long  delayed,  that 
circumstance,  without  satisfactory  explanation,  would  have 
constituted  a  valid  objection  to  the  admission  of  the  book; 
for  it  is  a  settled  rule  that  entries  to  be  received  must  be 
made  at  or  near  the  time  of  the  transaction  to  which  they 
relate.  ^Yhat  interval  elapsed  before  the  transfer  of  the 
particular  charges  against  the  defendant  does  not  appear, 
assuming  that  it  was  three  days  .  .  .  the  delay  was  not 
so  great  as  to  justify,  in  itself,  the  exclusion  of  the  book  on 
the  ground  that  its  entries  were  not  original. 

On  the  other  hand,  an  interval  of  one  day  between  the 
transaction  and  the  entry  of  it  in  the  book  has  been  held  a 
valid  objection  to  the  admission  of  the  book  in  evidence.^ 

Proof  that  the  dentist's  books  were  honestly  and  correctly 
kept  must  be  proved  as  a  preliminary  to  receiving  the  books 
in  evidence.  The  precise  mode  of  proving  this  varies  in 
dift'erent  jurisdictions.  Some  courts  rec^uire  the  proof  to 
be  by  persons  who  have  settled  with  the  plaintiff*,  for  other 
services,  upon  his  books. ^  Xo  hard  and  fast  rule  can  be  laid 
down  as  to  the  definiteness  and  particularity  required  of 

'  Greenleaf,  Evidence,  sec.  118;  see  also  Wigmore,  Evidence,  sees.  1546  to  1562. 
-  14  Cal.  575  (1860).  3  Walter  t.  BoUman,  8  Watts  (Pa.),  544  (1839). 

■•  Wigmore,  Evidence,  1552,  n. 


84  LIABILITY  OF  PATIENT  TO  DENTIST 

the  entries.  They  must,  however,  be  fairly  inteUigible. 
They  should  charge  the  person  who  is  to  pay,  by  name, 
give  the  date  on  which  the  service  was  rendered,  set  out 
the  item  charged  for,  and  the-  price  charged. 

In  Cummings  v.  Nichols'  the  court  said:  "There  is  no 
particular  form  in  which  the  book  of  a  party  must  be  kept, 
in  order  to  its  admission  as  evidence,  in  support  of  his 
account.  But  it  must  be  kept  in  such  a  mode  as  to  show, 
of  itself,  a  charge  against  the  adverse  party,  and  the  nature 
of  that  charge,  so  that  the  book,  in  connection  with  the 
party's  oath  that  the  book  is  his  original  book  of  entries, 
that  the  charges  are  in  his  handwriting,  that  they  were 
made  at  the  time  they  purport  to  have  been  made,  and  at 
or  near  the  time  of  the  delivery  of  the  articles,  or  the  per- 
formance of  the  services,  will  show  the  nature  of  the  claim, 
without  further  evidence  from  the  party  to  interpret  the 
meaning  of  arbitrary  characters,  the  signification  of  which 
is  known  only  to  himself.  It  may  be  in  such  characters 
as  are  in  use  by  persons  of  a  particular  trade  or  profession, 
and  which  would  not  readily  be  understood  by  persons  not 
conversant  with  the  subject  matter;  and  in  such  case, 
evidence  of  other  persons  may  be  admitted,  to  explain  the 
meaning  usually  attached  to  characters  of  that  description. 
But  in  ordinary  cases  the  suppletory  evidence  of  the  party, 
in  support  of  his  book,  goes  no  farther  than  to  the  partic- 
ulars above  specified.  (See  3  N.  H.  Rep.,  157,  Eastmen  v. 
Moulton.) 

"The  charges  must  be  specific  and  particular;  but  in  this 
respect  some  latitude  is  allowed,  depending  upon  the  nature 
of  the  case.  (See  11  X.  H.  Rep.,  167,  Bassett  v.  Spofford.) 
In  a  charge  for  work  and  labor  continuing  from  day  to  day, 
for  several  days,  it  is  not  necessary  to  set  down  a  charge 
for  each  day  by  itself.  But  a  bricklayer's  charge  for  '  190 
days'  work,'  and  a  physician's  charge  of  '13  dollars  for 
medicine  and  attendance  in  curing  the  whooping  cough,' 
have  been  rejected  as  too  general  and  indefinite.     It  has  been 

»  13  N.  H.,  425  (1843). 


EVIDENCE  TO  ESTABLISH  LIABILITY  85 

said  that  this  is  a  matter  which  must  reside  very  much  in 
the  discretion  of  the  judge,  to  be  exercised  according  to  the 
nature  of  the  subject,  and  its  susceptibihty  of  being  precisely 
charged.  (See  the  cases  collected  in  2  Cowen  and  Hill's 
Phil.  Ev.,  699;  Greenl.  Evid.,  141.)  If  the  charge  be  for 
labor,  and  it  be  a  continuing  service  for  three  or  four  days, 
there  seems  to  be  no  very  cogent  reason  why  it  may  not  form 
the  subject  matter  of  a  single  charge.  On  the  other  hand, 
if  it  continues  for  months,  there  is  no  reason,  if  the  party 
relies  upon  his  book,  why  he  should  not  make  his  charges 
from  week  to  week,  or  in  other  limited  terms." 

It  is  said  that  to  be  admissible  in  evidence  the  books  must 
be  fairly  intelligible.  Under  this  rule  it  has  been  held  that 
the  record  of  the  charges  need  not  be  wholly  in  English, 
and  that  the  use  of  well-known  abbreviations  will  not 
render  the  book  inadmissible.  In  Bay  v.  Cook^  a  phj'si- 
cian's  book  of  account  was  received,  though  it  charged  the 
medicine  furnished  by  its  Latin  name  and  the  amount  of 
medicine  by  the  usual  abbreviations  used  in  apothecary's 
measure.  On  the  other  hand,  it  has  been  held  in  two  cases 
in  Pennsylvania  that  a  physician's  account  book  which 
consisted  principally  of  hieroglj^phics  and  signs,  unintelli- 
gible without  a  glossary,  would  not  be  admitted  in  evidence 
to  prove  the  claim.  Such  a  writing,  said  the  court  in  one 
case,2  "would  be  as  unintelligible  to  an  ordinary  jury  as  a 
Hebrew  Bible  to  a  deputy  sheriff."  In  another  case,^  the 
court  said:  "It  is  a  matter  of  surprise  that  physicians  are 
so  lax  in  this  respect,  and  the  present  case  furnishes  an 
illustration  of  the  danger  of  depending  upon  that  which  is 
simply  a  memorandum  book  for  their  own  information  and 
to  refresh  their  recollection.  In  fact,  in  the  case  before  us, 
if  the  testimony  of  the  niece  of  the  decedent  had  not  been 
attainable,  the  claim  would  be  entirely  without  support, 
and  this  alone  prevented  its  entire  rejection." 

Books  of  account  when  admitted  in  evidence  are  prima 

1  22  N.  J.  L.,  343  (1S50). 

2  Estate  of  German,  16  Phila.,  31S  (18S3). 
8  Kelley's  Estate,  5  Pa.  Dist.,  263  (1896). 


86  LIABILITY  OF  PATIENT  TO  DENTIST 

facie  evidence  of  the  claim  shown  by  them,  and  if  not  im- 
peached by  the  defendant  they  are  sufficient  proof  to  enable 
the  dentist  to  recover  the  fees  shown  by  them  to  be  due.^ 

8.   STATUTE  OF  LIMITATIONS 

Statutes  exist  generally  providing  that  if  claims  are  not 
sued  on  within  a  certain  time  fixed  by  the  statute  after  they 
become  due,  no  suit  can  be  maintained  to  enforce  them. 
The  general  statute  applicable  to  other  simple  contracts 
applies,  it  has  been  held,  to  contracts  of  physicians  (except 
in  Louisiana  where  there  is  a  special  statute  governing 
contracts  of  physicians  and  attorneys^),  and  would,  therefore, 
be  held  to  apply  to  contracts  of  dentists  likewise.  The 
period  of  limitation  differs  so  greatly  in  different  States, 
that  no  general  statement  of  the  law  can  be  given  here.  A 
distinction  must  be  made,  however,  in  the  different  kinds 
of  contracts  a  dentist  may  make.  As  we  have  seen,  certain 
contracts  of  the  dentist  have  been  held  to  be  contracts 
of  sale,  e.  g.,  a  contract  to  make  a  set  of  false  teeth,  while 
other  contracts  are  contracts  for  services.  In  most  States 
contracts  of  sale  and  contracts  for  services  are  governed  by 
different  statutes,  the  time  within  which  the  suit  must  be 
brought  being  different  in  the  two  cases.  It  may  follow 
from  this  that  where  a  dentist  agrees  with  a  patient  to  pull 
a  tooth  and  to  make  a  plate,  his  action  against  the  patient 
for  services  in  pulling  the  tooth  may  be  barred  after  two 
years  from  the  time  the  tooth  was  pulled  and  his  claim  for 
making  the  plate  not  be  barred  until  five  years  after  making 
the  plate.  The  time  prescribed  by  the  statutes  begins  to 
run  against  the  claim  from  the  day  the  claim  accrues,  i.  e., 
from  the  day  on  which  payment  of  the  claim  could  be  legally 
demanded.  This  date,  of  course,  depends  on  the  contract 
between  the  dentist  and  the  patient.  If  the  agreement 
between  them  is  that  payment  shall  be  made  as  soon  as  the 
work  is  completed,  the  statute  begins  to  run  from  that  day, 

1  Landis  v.  Turner,  14  Cal.,  537  (1860).  2  25  Cyc,  1032. 


STATUTE  OF  LIMITATIONS  87 

and,  in  general,  where  no  time  is  expressly  agreed  on  between 
the  dentist  and  the  patient,  since,  by  law,  in  cases  of  per- 
sonal service,  the  right  to  demand  payment  accrues  as  soon 
as  the  service  is  performed,  in  the  absence  of  a  stipulation 
to  the  contrary  the  statute  will  begin  to  run  as  soon  as  the 
services  are  rendered.^  In  the  case  last  cited,  the  plaintiff,  a 
physician,  attended  the  defendant's  wife  at  different  times 
without  any  express  agreement  to  attend  her  for  any  stipu- 
lated length  of  time,  or  any  stipulated  sum  of  money. 
The  court  held  that  the  physician  was  free  to  render  his 
account  for  services  at  any  time  and  collect  for  same,  and 
therefore  he  could  recover  only  for  services  rendered  within 
two  years  of  the  date  of  the  commencement  of  the  suit; 
two  years  being  the  statutory  limitation. 

If  the  agreement  is  that  payment  is  to  be  made  at  some 
fixed  date  in  the  future  then  the  statute  begins  to  run  against 
the  claim  from  that  date.  In  order  to  bring  a  case  within 
this  rule  it  is  believed  it  is  not  necessary  that  there  be  an 
express  agreement  for  credit.  Such  an  agreement  may  be 
inferred  from  the  dealings  between  the  parties,  as  where  it 
is  understood  between  the  dentist  and  the  patient  that  the 
patient  will  be  called  on  to  pay  for  services  rendered  at 
certain  intervals  as  monthly,  quarterly,  etc. 

Where  the  contract  between  the  dentist  and  the  patient 
is  one  of  sale  and  not  of  service,  the  statute  begins  to  run 
from  the  date  of  the  breach  of  the  contract  by  the  patient. 
Though,  as  has  been  said,  the  statute  limiting  the  time  within 
which  the  dentist  can  bring  an  action  on  his  claim  either 
for  services  or  on  a  sale  begins  to  run  from  the  time  the  cause 
of  action  against  the  plaintiff  accrues;  under  certain  circum- 
stances this  time  will  be  postponed,  and  the  time  at  which 
the  statute  begins  to  run  against  the  claim  will  date  from  a 
later  time.  Thus,  in  general,  both  in  England  and  in  the 
United  States,  if  the  patient  makes  a  new  unconditional 
promise  to  pay  the  debt,  either  while  the  statute  is  running 


1  Gurlick  v.  Fortson,   1  Tex.  App.  Civ.  Cas.,  sec.  425  (18S3);  Ackley  v.  Fishbeck, 
124  Cal.,  409  (1899). 


88  LIABILITY  OF  PATIENT  TO  DENTIST 

against  the  claim,  or  even  after  the  time  fixed  by  the  statute 
has  actually  expired,  the  cause  of  action  will  revive  and  the 
right  to  sue  be  extended  for  a  further  period  equal  to  the  time 
prescribed  by  the  statute  for  bringing  the  suit  in  the  first 
instance.  So  an  acknowledgment  of  the  debt  from  which 
a  promise  to  pay  will  be  implied,  will  have  a  like  effect,  as 
will  likewise  a  conditional  promise  to  pay,  if  accompanied 
by  .a  sufficient  showing  that  the  condition  on  which  the 
promise  was  made  to  depend  has  been  performed.  A  partial 
payment  of  the  debt  by  the  patient  will,  in  most  jurisdic- 
tions, have  the  same  effect,  and  the  date  of  such  payment 
mark  the  time  from  which  such  statute  of  limitation  begins 
to  run  anew.^ 

1  25  Cyc,  1325  to  1370. 


CHAPTER   V 

LIABILITY  OF  DENTIST  TO  PATIENT  FOR  BREACH  OF 
CONTRACT 

IN  GENERAL 

In  treating  of  the  contract  between  the  dentist  and  his 
patient  we  have  seen  that  whether  the  contract  be  express 
or  imphed,  the  law  imposes  an  obhgation  on  both  parties 
to  perform  their  part  of  the  contract.  If  the  dentist  fails 
in  this  he  will  be  liable  to  the  patient  in  damages.  In 
general  these  damages  will  be  measured  by  the  financial  loss 
suffered  by  the  patient  from  the  breach  of  the  contract 
by  the  dentist.  If  the  dentist  has  agreed  with  the  patient 
to  treat  him,  and  then  without  good  cause  refuses  to  do  so, 
he  has  rendered  himself  liable  to  the  patient  for  breach  of 
his  contract,  and  the  patient  may  in  a  suit  at  law  recover 
such  damages  as  he  has  suffered  by  such  breach. 

Ordinarily,  when  there  are  other  dentists  in  the  same 
locality  to  whom  the  patient  can  resort,  his  damages  will 
be  nominal.  In  other  cases  they  may  be  more  or  less  con- 
siderable. If  there  are  other  dentists  in  the  locality,  the 
patient  must  go  to  one  of  these  for  treatment,  or  he  can 
recover  no  damage.  If  he  resorts  to  such  other  dentist  the 
amount  of  damages  he  can  recover  from  the  defaulting 
dentist  will  depend  on  the  charge  made  by  the  former 
for  the  work.  If  such  charge  be  the  same  or  less  than  that 
agreed  on  between  the  patient  and  the  defaulting  dentist 
the  patient's  damages  will  be  nominal — one  cent.  If, 
however,  such  charge  be  greater  the  dentist  will  be  liable 
to  the  patient  for  the  difference  between  such  charge  and 
the  charge  agreed  on  between  him  and  the  patient.  If 
there  be  no  other  dentist  in  the  locality,  the  patient  may 


90  LIABILITY  OF  DENTIST  TO  PATIENT 

resort  to  the  nearest  reliable  dentist,  and  recover  in  addition 
to  the  damage  above  mentioned,  the  expense  to  which  he 
was  put  in  his  journey  to  and  from  the  dentist  selected. 

If  there  is  no  dentist  to  whom  the  patient  can  resaonably 
resort,  there  is  no  more  specific  rule  for  the  measure  of  his 
damages  than  that  he  can  recover  the  amount  of  damage 
he  has  suffered.  The  amount  of  damage,  of  course,  in  such 
a  case  will  depend  entirely  on  the  circumstances  of  each 
individual  case.  If  the  result  of  the  dentist's  failure  to 
treat  him  be,  for  example,  the  loss  of  a  tooth,  or  necrosis  of 
the  jaw  bone,  the  amount  of  damage  may  be  considerable. 
Even  the  physical  pain,  and  in  some  cases  the  anguish  of 
mind,  suffered,  will  be  considered  in  estimating  the  damage. 
The  amount  is  in  all  cases  left  for  the  jury  to  determine, 
and,  unless  the  amount  awarded  by  them  be  grossly  excessive 
or  inadequate  their  determination  of  the  amount  is  final. 

A  similar  rule  governs  when  the  dentist  has  made  a 
contract  with  a  patient  for  a  continuous  service,  or  for  a 
continuous  course  of  treatment,  and  after  performing  part 
of  such  service  refuses  to  complete  same.  If,  for  example, 
the  dentist  agrees  to  fill  a  particular  tooth,  or  all  the  patient's 
teeth  that  need  filling,  or  to  make  a  plate  and,  after  having 
prepared  one  tooth,  for  filling,  or  filled  some  of  the  teeth, 
or  taken  an  impression  of  the  mouth,  he  refuses  without 
legal  cause  to  finish  the  work,  not  only  can  the  dentist  not 
recover  any  remuneration  for  that  portion  of  the  service 
performed,  but  he  will  be  liable  to  the  patient  for  refusing 
to  complete  the  service,  and  the  patient's  damages  will  be 
measured  according  to  the  rules  set  out  in  the  preceding 
paragraph.  The  patient  may  seek  another  dentist  to  com- 
plete the  service  and  recover  an  amount  equal  to  the  difter- 
ence  between  the  charges  of  the  two  dentists,  and  may 
recover  from  the  defaulting  dentist,  in  addition,  any  sum 
he  may  have  paid  him  on  account  of  the  unfinished  work, 
and  also  for  any  further  damages  he  may  actually  have 
suffered  by  the  dentist's  default.  This  is  where  there  is  a 
contract,  express  or  implied,  to  finish  work  undertaken.  But 
suppose  a  person  go  to  a  dentist  for  examination?    The 


FAILURE  TO   USE  PROPER  MATERIALS  91 

dentist  examines  him  and  finds  that  several  of  the  patient's 
teeth  need  filhng,  or  that  the  patient  has  pyorrhea,  or  an 
abscess — work  that  will  require  several  sittings  on  different 
days;  and  so  informs  the  patient.  Suppose  then  that  the 
patient  instructs  the  dentist  to  proceed.  The  patient  has 
thereby  contracted  with  the  dentist  to  pay  him  for  the  work 
done  at  that  sitting.  But  does  the  contract  extend  farther 
than  that?  If  the  patient  leaves  the  office  without  any 
further  agreement,  is  there  any  obligation  on  his  part  to 
return  for  further  treatment,  or  on  the  part  of  the  dentist  to 
treat  him  further,  should  the  patient  subsequently  apply 
to  him  for  treatment?  It  is  believed  that  as  far  as  any 
contract  is  concerned  there  is  no  such  obligation  and  the 
patient  will  not  be  liable  to  the  dentist  if  he  fails  to  return 
for  further  treatment.  Whether  such  a  state  of  facts  might 
in  certain  cases  render  the  dentist  liable  for  malpractice 
should  he  refuse  to  continue  to  treat  the  patient  is  another 
question  which  is  treated  elsewhere. 


FAILURE  TO  USE  PROPER  MATERIALS 

If  the  nature  of  the  materials  to  be  used  by  the  dentist 
in  making  a  plate,  filling  a  tooth,  or  any  other  work  requiring 
materials,  be  specified,  the  dentist  must  of  course  use  the 
materials  specified.  Failing  to  do  so  he  will  be  liable  to 
the  patient  for  breach  of  his  contract.  The  liability  this 
breach  will  entail  may  take  one  or  more  forms:  (a)  Loss  of 
his  services;  (6)  damages.  If  the  dentist  agree  to  make  a 
plate  and  the  materials  he  will  use  be  also  agreed  on  between 
him  and  the  patient,  if  he  use  other  and  different  materials 
(even  though  the  materials  used  be  as  good  or  better  for 
the  purpose  than  those  specified)  the  patient  may  refuse 
to  accept  the  plate  when  finished,  and  will,  if  he  refuse  to 
accept  it,  not  be  liable  to  pay  any  part  of  the  remuneration 
agreed  on.  Nor  does  the  liability  of  the  dentist  end  here. 
He  will  also  be  liable  in  damages  to  the  patient  for  breach 
of  the  contract.    The  measure  of  these  damages  will  ordin- 


92  LIABILITY  OF  DENTIST  TO  PATIENT 

arily  be  the  difference,  if  any,  between  the  agreed  price  of 
the  plate  and  what  the  patient  must  pay  to  have  a  similar 
plate  to  the  one  agreed  on  made  elsewhere,  together  with 
any  special  damage  the  patient  has  suffered  from  the  delay 
entailed.  Of  course,  if  the  dentist  offer  to  make  a  second 
plate  according  to  the  specifications  first  agreed  on,  and  for 
the  same  sum,  the  patient  cannot  have  it  made  elsewhere 
for  a  larger  sum  and  recover  the  balance.  He  is  under  no 
obligation,  however,  to  accept  the  dentist's  second  offer 
of  another  plate,  and  may  still  hold  the  dentist  liable,  not- 
withstanding such  offer,  for  any  special  damage  he  has 
suffered. 

A  different  case  arises  where  the  contract  is  not  to  make 
a  plate  or  a  palate,  or  a  false  tooth,  things  that  may  be 
accepted  or  rejected  by  the  patient  when  examined  by  him, 
and  if  rejected,  returned  to  the  dentist.  If  the  dentist  agree 
to  fill  the  patient's  tooth  with  gold  and,  without  the  patient's 
knowledge,  use  amalgam  instead,  he  has  broken  his  contract 
even  though  he  charge  only  the  usual  price  for  an  amalgam 
filling.  In  such  a  case  the  patient  can  require  the  dentist  to 
remove  the  amalgam  and  put  in  a  gold  filling,  and,  on  refusal, 
refuse  to  pay  for  the  amalgam  filling  put  in  unless  indeed,  the 
amalgam  filling  is  as  effective  as  a  gold  one. 

Ordinarily  the  patient  does  not  specify  the  kind  of  filling 
he  desires.  If  he  does  not,  the  dentist  is  under  no  obligation 
to  inform  him  what  materials  he  intends  to  use.  If  no 
material  is  specified,  and  no  sum  is  agreed  on  for  the  work, 
the  dentist  must  use  such  material  as  a  reasonably  skilful 
dentist  would  use  in  the  given  case.  Of  course  this  would 
depend  on  the  size  of  the  cavity,  the  position  of  the  tooth, 
etc.  If  the  dentist  fulfil  this  requirement,  the  patient  cannot 
complain,  even  though  he  desired  and  expected  a  different 
material.  If  he  desired  a  certain  material  he  should  have 
so  informed  the  dentist. 

If  the  material  be  not  specified  but  a  specific  sum  be 
agreed  on  for  the  work,  a  different  case  may  arise.  If  the 
dentist  have  a  different  scale  of  prices  for  his  work  depending 
on  the  kind  of  material  used,  and  the  patient  know  of  the 


FAILURE  TO   USE  PROPER  MATERIALS  93 

fact,  the  dentist  must  use  the  kind  of  material  the  patient 
has  the  right  to  expect  from  the  charge.  If  the  agreed  price 
for  the  filling  be  $10,  that  being  the  usual  charge  for  a  gold 
filling,  and  that  be  known  to  the  patient,  the  dentist  is  under 
an  implied  obligation  to  use  gold. 

Quality  of  Material. — If  not  only  the  kind  of  material 
to  be  used  but  also  the  special  quality  of  such  material  be 
specified,  the  dentist  is  of  course  bound  to  use  such  quality 
and  kind.  If  he  does  not,  but  uses  an  inferior  quality,  he 
is  liable  for  breach  of  contract.  Whether  the  contract 
expressly  provides  for  the  kind  of  material  to  be  used,  or 
whether  the  kind  of  material  be  implied  from  the  circum- 
stances of  the  case,  the  obligation  of  the  dentist  as  to  the 
quality  of  the  material  is  the  same.  It  need  not  be  of  the  best 
quality  obtainable,  unless  indeed  only  the  best  quality  is  fit 
for  the  kind  of  work  being  done.  The  quality  must,  how- 
ever, be  such  as  is  reasonably  fit  for  the  work,  and  such  as 
a  reasonably  skilful  dentist  would  use  under  similar  circum- 
stances. If  a  quality,  not  fit  for  the  purpose,  or  such  as  a 
reasonably  skilful  dentist  would  not  use  for  that  character 
of  work,  be  used,  the  dentist  will  be  liable  for  any  damages 
that  result  from  the  breach  of  this  duty. 

It  is  generally  immaterial  in  the  application  of  this  rule, 
whether  the  dentist  knew  of  the  unfitness  of  the  material  used, 
or  whether  such  material  was  unfit  when  procured  by  him,  or 
became  unfit  through  deterioration  while  in  his  possession. 
The  patient  trusts  to  his  superior  skill,  knowledge  and  judg- 
ment in  the  matter  and  the  dentist  holds  himself  out  as  possess- 
ing such  skill.  The  dentist  has  undertaken  not  only  to  do  a 
certain  piece  of  work,  in  a  skilful  manner,  but  also  to  supply 
the  materials,  both  as  to  kind  and  quality,  necessary  to  make 
the  work  as  a  completed  whole  such  as  a  reasonably  skilful  den- 
tist would  do.  The  dentist  does  not  warrant  that  his  work 
will  last  any  certain  length  of  time,  it  is  true,  for  whether  it 
will  last  any  given  length  of  time  depends  on  matters,  such 
as  the  patient's  general  health,  habits,  food,  etc.,  beyond 
both  the  dentist's  knowledge  and  supervision,  but  such  is 
not  the  case  in  the  selection  of  the  kind  and  qualit}'  of 


94  LIABILITY  OF  DENTIST  TO  PATIENT 

materials  used  by  him,  he  has,  or  should  have,  expert  knowl- 
edge of  these  matters,  and  the  patient  has  the  right  to  trust 
to  such  knowledge. 

The  amount  of  damages  the  dentist  may  be  obliged  to 
pay  for  breach  of  this  duty  may  be  merely  nominal  or  it 
may  be  considerable.  If  no  real  damage  result  from  the  use 
of  inferior  material,  while  the  patient  may  sue  for  breach  of 
contract,  the  amount  he  will  recover  will  not  be  substantial. 
If,  however,  the  use  of  inferior  material  result  in  real  damage 
to  the  patient,  as  the  loss  of  his  tooth,  etc.,  the  patient  may 
recover  whatever  damages  the  jury  thinks  will  compensate 
him  for  the  injury  suffered.  If  the  patient  discover  that  the 
dentist  has  used  inferior  material,  he  may  require  the  dentist 
to  remove. such  material  and  substitute  material  of  proper 
quality,  or  he  may  engage  another  dentist  to  do  the  substi- 
tution and  recover  from  the  defaulting  dentist  the  amount 
charged  by  the  former,  together  with  damages  for  any 
injury  suffered. 


FAILURE  TO  COMPLETE  WORK  IN  TIME 

If  the  dentist  expressly  agree  to  perform  the  work  under- 
taken in  a  specific  time,  he  is  bound  by  his  promise,  and  will 
be  liable  to  his  patient  in  damages  for  breach  of  contract. 
If  the  contract  be  to  complete  the  work  in  a  given  number 
of  hours,  at  a  specified  sum  per  hour,  or  for  a  lump  sum, 
and  he  does  not  complete  the  work  in  the  time  agreed  on, 
he  must  continue  the  work  until  it  is  completed,  and  he 
cannot  charge  for  the  extra  time  expended,  for  he  has  agreed 
specifically,  or  in  effect,  to  complete  it  for  a  certain  sum. 
Not  only  can  he  not  charge  for  the  extra  time  expended  but 
he  will  himself  be  liable  for  any  loss  or  damage  suffered 
by  the  patient  by  reason  of  his  (the  dentist's)  failure  to  keep 
his  contract.  The  amount  of  this  damage  will  be  usually 
the  value  of  the  patient's  time  consumed  in  the  extra  hours 
required,  together  with  extra  travelling  expenses,  if  any, 
involved.     But  there  may  be  special  damages  as  well;  if, 


FAILURE  TO  COMPLETE  WORK  IN  TIME  95 

for  example,  the  dentist  should  agree  to  fit  the  patient  with 
a  false  palate  in  time  for  his  wedding  and  should  fail  to 
complete  it  at  the  date  set,  he  would  be  liable  to  whatever 
damages,  in  reason,  a  jury  might  find  the  patient  has 
suffered  in  his  feelings  for  the  humiliation  caused  on  such  an 
occasion  by  the  dentist's  default. 

Not  only  may  the  dentist  be  liable  in  damages  where  he 
has  broken  his  contract  to  finish  work  in  a  prescribed  time, 
but  in  certain  cases  he  will  in  addition  thereto  lose  the  value 
of  the  services  he  has  actually  performed  under  the  contract. 
Thus  in  the  example  given  above,  not  only  would  the 
dentist  be  liable  in  damages  to  the  patient,  but  the  patient 
could  refuse  to  accept  the  palate  w^hen  finished  and  to  pay 
the  agreed  sum  for  it. 

The  liability  of  the  dentist  for  the  loss  of  the  value  of  his 
services,  in  addition  to  damages,  is  confined  to  cases  where 
time  is  of  the  "essence  of  the  contract,"  as  the  legal  expres- 
sion is.  That  is,  where  the  time  within  which  the  services 
are  to  be  performed  is  an  important  element  of  the  contract, 
and  is  so  understood  by  both  parties.  The  mere  fact  that  a 
time  is  fixed,  as  if  the  dentist  should  say  "I  will  have  this 
finished  for  you  by  Friday  next,"  or  "it  will  not  take  more 
than  three  weeks,"  will  not  render  the  dentist  liable  either 
for  the  loss  of  the  value  of  his  work,  or  for  damages  if  the 
work  is  not  completed  at  the  time  mentioned. 

It  is  believed  that  the  liability  of  the  dentist  for  the  total 
loss  of  the  value  of  his  services  in  addition  to  damages  is 
confined  to  cases  where,  for  the  patient's  purposes,  the  work 
is  practically  valueless  to  him  unless  completed  within  the 
time  specified,  or  where  the  work  is  of  such  a  character 
that  the  patient  can  refuse  to  accept  or  enjoy  the  benefits 
of  it.  For  example,  while  in  the  case  supposed  above  of  the 
false  palate,  the  dentist  could  not  recover  for  his  services, 
or  the  materials  used,  in  the  making  of  the  palate;  if  the 
dentist  agreed  to  fill  eleven  of  the  plaintiff's  teeth  by  the 
day  of  his  wedding,  and  did  in  fact  fill  ten,  but  failed  to  fill 
the  eleventh,  while  he  would  be  liable  to  the  patient  for 
damages  for  breach  of  his  contract  in  failing  to  finish  the 


96  LIABILITY  OF  DENTIST  TO  PATIENT 

work  in  the  agreed  time,  and  could  not  even  recover  the  fee 
agreed  on,  as  such,  yet  the  patient  would  not  be  allowed 
to  continue  to  enjoy  the  benefits  of  the  dentist's  work  with- 
out remunerating  him  therefor;  and  would  be  required  to 
pay  the  dentist  a  reasonable  sum  for  the  service  performed. 
But  even  where  time  is  not  important  in  the  sense  that  the 
patient  desires  for  some  specific  reason  to  have  the  work 
done  by  a  certain  date,  yet  if  the  contract  is  for  certain 
specified  work  to  be  done  at  a  certain  charge  per  hour, 
and  the  dentist  agrees  to  perform  the  work  in  a  certain 
number  of  hours,  while  he  may  not  be  liable  to  damages 
or  to  loss  of  his  services  if  he  fail  to  finish  his  work  in  the 
agreed  number  of  hours,  since  the  time,  as  such,  was  not 
important  to  the  patient,  yet  the  dentist  cannot  charge  for 
the  extra  hours  necessary  to  finish  the  work,  for  in  effect 
he  has  agreed  to  do  the  work  for  a  certain  sum,  and  he  can 
charge  no  more  than  that  sum,  because  the  price  is  always 
of  the  essence  of  the  contract. 

Meaning  of  the  Word  "About."— Frequently  the  dentist 
does  not  make  a  definite  promise  to  complete  the  work  for 
the  patient  by  a  certain  date,  but  informs  the  patient  that 
it  will  take  "about"  such  and  such  a  time.  In  such  a  case  if 
a  lump  sum  is  to  be  charged  for  the  work  and  there  are  no 
circumstances  making  it  desirable  from  the  patient's  point  of 
view,  known  to  the  dentist,  to  have  the  work  completed  by  a 
given  date,  as  treated  of  above,  it  usually  makes  little  differ- 
ence whether  the  work  occupies  a  longer  or  shorter  time.  If, 
however,  the  dentist's  services  are  paid  for  by  the  hour,  the 
length  of  time  consumed  in  doing  the  work  becomes  of  imme- 
diate importance  to  the  parties,  since  it  measures  the  sum  to 
be  paid  and  received.  In  such  a  case  it  becomes  necessary 
to  determine  what  the  word  "about"  signifies.  Since  the 
very  object  the  dentist  has  in  using  the  word  is  to  guard 
against  binding  himself  to  finish  the  work  at  a  definite  date, 
it  is  plain  that  his  promise  to  do  the  work  in  "about"  say 
two  months  will  not  render  him  liable  for  damages  for 
breach  of  contract  if  he  fails  to  complete  it  in  exactly  two 
months;  nor  in  such  a  case  will  the  patient  necessarily  be 


BREACH  OF  WARRANTY  OF  CURE  97 

justified  in  refusing  to  pay  him  for  such  services,  after  the 
two  months  have  expired,  as  may  be  necessary  to  complete 
the  work.  On  the  other  hand,  since  the  object  of  the  patient 
in  demanding  to  be  informed  of  the  length  of  time  required 
to  do  the  work  may  be  to  enable  him  to  decide  whether  or 
not  he  will  have  the  work  done  at  all,  or  done  by  this  par- 
ticular dentist,  it  would  be  palpably  unjust  to  require  him 
to  pay  for  any  number  of  hours  consumed  by  the  dentist 
in  doing  the  work  no  matter  what  relation  that  number  of 
hours  bore  to  "about"  the  time  set.  In  this  class  of  case 
the  law  has  laid  down  no  hard  and  fast  rule  governing  the 
meaning  of  the  word  "about."  If  "about  six  months"  was 
the  time  agreed  on,  the  patient  could  not  refuse  to  pay  for  one 
or  two  hours'  services  in  excess  of  six  months.  On  the  other 
hand,  he  would  not  be  required  to  pay  for  services,  even 
though  such  services  were  necessary  to  complete  the  work, 
extending  over  ten  months  instead  of  "about  six."  The 
circumstances  must  govern  the  case,  the  court  endeavoring 
to  ascertain  as  nearly  as  possible  the  intention  of  the  parties 
in  the  use  of  the  word  "about"  and  to  do  justice  to  both 
parties  in  construing  the  contract. 


BREACH   OF  WARRANTY  OF  CURE 

If  the  dentist  should  undertake  to  treat  the  patient  for  a 
disease  of  the  mouth,  say  pyorrhea,  the  law  does  not  imply 
a  promise  or  warranty  that  he  will  cure  the  disease  any  more 
than  it  implies  such  promise  when  a  physician  undertakes 
to  treat  a  case  of  typhoid  fever.  "The  rule  'no  cure  no  pay/ 
governs  only  where  there  is  an  express  agreement  to  that 
effect"  says  the  court  in  Bronson  i\  Hoffman.^  All  that  the 
law  requires  of  him  is  that  he  treat  the  patient  in  a  reasonably 
skilful  manner  and  with  due  care.-  As  was  said  by  Pryor, 
J.  in  Becker  v.  Janinski:^  "A  physician  does  not  contract 
to  cure  a  patient — he  is  not  an  insurer — but  his  undertaking 

1  7  Hun  (N.Y.),  674  (1876).  '-  Wilkinsf.Ferrell  (Texas),  30  8.  W., 450  (1895). 

»  15  N.  Y.  Suppl.,  675  (1891). 
7 


98  LIABILITY  OF  DENTIST  TO  PATIENT 

is  only,  and  the  duty  which  the  law  imposes  is  only,  to 
exercise  due  skill  and  due  care  in  the  treatment  of  his 
patient."  In  Wilkins  v.  Ferrell/  a  dentist  was  sued  for  mal- 
practice in  extracting  a  tooth,  whereby  the  patient's  jaw 
bone  was  fractured.  On  the  trial  the  dentist's  counsel 
asked  the  trial  court  to  instruct  the  jury  that  "A  dentist 
never  insures  the  result,  and  simply  engages  that  he  pos- 
sesses a  reasonable  degree  of  skill,  such  as  is  ordinarily 
possessed  by  the  profession  generally,  and  to  exercise  that 
skill  with  reasonable  care  and  diligence."  The  trial  court 
refused  to  give  this  instruction,  and  the  appellate  court 
held  that  the  instructions  asked  for  correctly  stated  the  law, 
and  should  have  been  given,  and,  a  verdict  having  been 
found  against  the  dentist,  the  court  reversed  the  judgment 
and  ordered  a  new  trial.  If,  however,  the  dentist  should 
in  express  words  warrant  a  cure  from  his  treatment  the  law 
will  hold  him  to  his  promise  if  the  patient  places  himself 
under  the  dentist's  care  relying  on  such  promise.  In  such 
case  if  the  dentist  fail  to  effect  the  cure  he  has  promised  he 
not  only  cannot  recover  anything  for  his  services,  but  will 
himself  be  liable  to  his  patient  for  damages  for  breach  of 
his  contract. 

There  is  no  legal  objection  to  a  dentist  and  his  patient 
entering  into  a  contract  that  the  patient  is  not  to  pay 
the  dentist  anything  for  his  services  unless  the  dentist 
effect  a  cure.  Such  a  case  was  Davis  v.  Ball  and  another.^ 
In  this  case  the  defendants,  who  were  dentists,  made  an 
upper  and  a  part  of  a  lower  set  of  teeth  for  the  plaintiff's 
wife,  for  which  he  received  payment,  $110,  under  an 
agreement — "Warranted  for  one  year;  and  if  on  trial  they 
cannot  be  made  useful,  the  teeth  to  be  returned  and  the 
money  refunded."  The  teeth  were  returned  within  the  year 
— but  the  defendants  refused  to  refund  the  money  paid 
for  them.  The  court  allowed  a  recovery  of  the  $110  paid 
for  the  teeth.  It  is  not  essential  to  such  a  contract  that  a 
definite  sum  be  agreed  on  for  the  services — the  contract 

1  10  Tex.  Civ.  App.,  231  (1895).  .  2  60  Mass.,  505  (1850). 


BREACH  OF  WARRANTY  OF  CURE  99 

is  valid  if  the  promise  of  the  patient  is  merely  to  pay  the 
dentist  a  reasonable  sum  in  case  of  a  cure.  A  case  of  this 
kind  must  be  distinguished  from  a  case  where  a  dentist 
warrants  a  cure.  In  the  latter  case,  as  has  been  said,  the 
dentist  not  only  cannot  recover  his  fee  if  he  fails  to  effect 
a  cure,  but  he  will  be  liable  for  damages  for  failing  to  effect 
it.  He  has  promised  to  cure  the  patient,  and  has  broken 
his  promise;  he  should  therefore  be  liable  for  any  damages 
the  patient  has  suffered  because  of  his  default.  Where,  how- 
ever, the  dentist  merely  agrees  to  make  no  charge  unless 
he  effects  a  cure,  he  has  made  no  promise  to  effect  it  and, 
hence,  cannot  be  held  liable  for  his  failure.  He  merely  loses 
the  fee  he  would  have  been  entitled  to  if  he  had  succeeded. 

In  the  event  of  a  disagreement  between  the  parties  as  to 
whether  the  tooth  is  cured,  or  the  plate  fits,  neither  the 
dentist  nor  the  patient  is  the  ultimate  judge.  If  the  dentist 
is  driven  to  sue  for  his  services,  or  the  patient  brings  a  suit 
on  the  warranty,  the  jury  must  be  the  final  arbiters  of  the 
question. 

Sometimes  a  dentist  promises  to  make  a  plate  that  will 
"please"  or  be  "satisfactory"  to  the  patient.  That  this  is 
a  very  rash  promise  to  make  all  courts  are  agreed.  All 
courts,  however,  are  not  agreed  as  to  the  standard  of  per- 
formance required  by  such  a  warranty.  Some  hold  that  the 
dentist  under  such  a  warranty  must  strictly  perform  his 
contract,  and  must  make  a  plate  which  "pleases"  or  is 
"satisfactory"  to  the  patient.  These  courts  hold  that  it  is 
immaterial  whether  the  work  be  carefully  done,  or  even 
perfectly  done,  whether  everyone  but  the  patient  would  be 
pleased  or  satisfied,  or  that  the  patient  should  be  satisfied. 
The  dentist  has  promised  to  please  or  satisfy  him,  and  if 
he  is  not  satisfied  for  any  cause,  no  matter  how  whimsical, 
the  dentist  cannot  recover  for  his  services.  These  courts 
leave  it  to  the  jury  to  say  whether  the  work  is  satisfactory 
to  the  patient  or  not;  as  there  is  no  way  of  determining 
this,  except  by  the  word  of  the  patient,  if  he  does  not  want 
to  pay  for  the  work,  he  merely  has  to  say  that  it  is  not 
satisfactory..    Other  courts  have  treated  such  promises  more 


100  LIABILITY  OF  DENTIST  TO  PATIENT 

leniently,  and  hold  that  if  the  work  oiight  to  be  satisfactory 
to  the  patient  the  dentist  may  recover  whether  it  is  satis- 
factory or  not.  These  courts  leave  it  to  the  jury  to  say 
whether  the  work  ought  to  be  satisfactory  or  not.  The  effect 
of  this  is  that  if  such  work  would  be  satisfactory  to  the  jury, 
they  find  that  it  ought  to  be  satisfactory  to  the  patient, 
and  the  dentist  is  allowed  to  recover  for  his  services.  This 
interpretation  of  the  contract  practically  makes  the  promise 
to  do  work  satisfactory  to  the  patient,  nothing  more  than  a 
promise  to  do  the  work  in  a  skilful  manner. 

Other  words  are  sometimes  used  in  warranting  the  work. 
Whatever  the  words  used  the  rules  above  stated  apply,  and 
different  courts  may  be  expected  to  construe  the  effect  of 
the  words  differently.  In  Davis  v.  Ball,  and  another  above 
cited,^  the  warranty  was :  "  If  on  trial  they  cannot  be  made 
useful,  the  teeth  to  be  returned  and  the  money  refunded." 
The  defendant  contended  that  the  words  "made  useful" 
were  ambiguous,  and  wanted  to  introduce  evidence  to  show 
what  the  parties  meant  by  them,  and  also  to  prove  the  mean- 
ing of  the  words  among  the  profession,  by  other  dentists. 
The  court  refused  to  hear  such  evidence,  and  said :  "  Accord- 
ing to  the  true  construction  of  the  contract,  the  plaintiff's 
wife  was  to  make  trial  of  the  teeth  by  using  them;  that  if 
they  did  not  fit  her,  and  she  could  not  make  them  useful 
to  herself  by  a  fair  and  proper  trial  of  them,  according  to 
her  knowledge  and  the  instructions  given  her  by  the  defend- 
ants at  the  time  of  the  sale,  she  had  a  right  to  return  them." 
On  appeal,  the  Supreme  Court  approved  of  these  instruc- 
tions, saying :  "  There  is  no  ambiguity  in  the  words  '  made 
useful,'  and  no  difficulty  arises  from  the  inquiry — made 
useful  by  whom?  The  answer  to  the  inquiry  is  very  obvious 
'made  useful  by  the  person  who  was  to  try  them  and  for 
whom  they  were  designed.'  The  teeth  were  made,  com- 
pleted, finished.  Though  ever  so  skilfully  made,  it  was 
uncertain,  as  it  necessarily  must  be  from  the  nature  of  the 
case,  whether  the  person  for  whose  use  they  were  designed 

I  60  Mass.,  505  (1850). 


BREACH  OF  WARRANTY  OF  CURE  101 

would  be  able  to  use  them.  It  was  therefore  agreed  that 
if  the  plaintiff's  wife,  upon  trying  them,  should  find  she 
could  not  use  them  or  make  them  useful,  she  might  return 
them  and.  the  money  should  be  refunded.  There  is  nothing 
in  the  contract  to  warrant  the  construction  that  anything 
more  was  to  be  done  to  the  teeth  by  the  defendants.  They 
had  done  what  they  could  do  while  Mrs.  Davis  remained 
here,  and  as  to  the  future,  the  contract  clearly  had  reference 
only  to  what  would  be  done  upon  trial  by  her  to  make  them 
useful  to  her." 


CHAPTER    \1 

LIABILITY  OF  DENTIST  TO  PATIENT  FOR  MALPRACTICE 

DEFINITION  OF  MALPRACTICE 

Malpractice,  in  law,  as  applied  to  physicians  and  sur- 
geons, means  generally,  professional  misconduct  toward  a 
patient  which  is  considered  reprehensible  either  because 
immoral  in  itself,  or  because  contrary  to  law  or  expressly 
forbidden  by  the  law.  In  a  more  specific  sense,  it  means 
bad,  wrong,  or  injudicious  treatment  of  a  patient  profes- 
sionally and  in  respect  to  the  particular  disease  or  injury, 
resulting  in  injury,  unnecessary  suffering,  or  death  to  the 
patient,  and  proceeding  from  ignorance,  carelessness,  want 
of  proper  professional  skill,  disregard  of  estabHshed  rules  or 
principles,  neglect,  or  a  malicious  or  criminal  intent.^ 

This  definition  of  malpractice  applies  to  dentists,  the 
courts,  in  suits  against  dentists  for  malpractice,  applying 
the  same  principles  as  in  cases  against  physicians  and  sur- 
geons.2 

TIME    AT    WHICH    LIABILITY    COMMENCES 

The  liability  for  malpractice  is  founded  on  the  duty  the 
practitioner  owes  to  the  patient.  If  that  relation  has  not 
subsisted  no  liability  is  incurred.  Therefore  a  dentist  is 
not  liable  for  malpractice  in  refusing  to  treat  a  patient,  even 
though  no  other  dentist  is  available  and  the  case  is  urgent.'^ 

In  the  case  last  cited  the  administrator  of  a  deceased 

1  Black's  Law  Diet.  (2d  ed.),  75L 

2  See  McCracken  v.  Smathers,  122  X.  C,  799  (1898). 

3  Hurley  v.  Eddingfield,  156  Ind.,  416  (1900). 


TIME  AT  WHICH  LIABILITY  COMMENCES        103 

person  sued  the  defendant,  a  physician,  for  $10,000  damages 
for  wrongfully  causing  the  death  of  his  intestate.  The  trial 
court  dismissed  the  suit,  and  the  administrator  appealed. 
The  Supreme  Court  in  affirming  the  judgment  of  the  trial 
court  said:  "The  material  facts  may  be  summarized  thus: 
At  and  for  years  before  decedent's  death  appellee  was  a 
practising  physician  at  Mace,  in  Montgomery  County,  duly 
licensed  under  the  laws  of  the  State.  He  held  himself  out 
to  the  public  as  a  general  practitioner  of  medicine.  He  had 
been  decedent's  family  physician.  Decedent  became  danger- 
ously ill  and  sent  for  appellee.  The  messenger  informed 
appellee  of  decedent's  violent  sickness,  tendered  him  his 
fees  for  his  services,  and  stated  to  him  that  no  other  physi- 
cian was  procurable  in  time  and  that  decedent  relied  on 
him  for  attention.  No  other  phj'sician  was  procurable  in 
time  to  be  of  any  use,  and  decedent  did  rely  on  appellee  for 
medical  assistance.  Without  any  reason  whatever,  appellee 
refused  to  render  aid  to  decedent.  No  other  patients  were 
requiring  appellee's  immediate  service,  and  he  could  have 
gone  to  the  relief  of  decedent  if  he  had  been  willing  to  do  so. 
Death  ensued,  without  decedent's  fault,  and  wholly  from 
appellee's  wrongful  act. 

"The  alleged  wrongful  act  was  appellee's  refusal  to  enter 
into  a  contract  of  employment.  Counsel  do  not  contend 
that,  before  the  enactment  of  the  law  regulating  the  practice 
of  medicine,  physicians  were  bound  to  render  professional 
service  to  everyone  who  applied.  The  act  regulating  the 
practice  of  medicine  provides  for  a  board  of  examiners, 
standards  of  qualification,  examinations,  licenses  to  those 
found  qualified,  and  penalties  for  practising  without  a 
license.  Acts  of  1897,  p.  255;  Acts  of  1899,  p.  247.  The 
Act  is  a  preventive,  not  a  compulsive  measure.  In  obtaining 
the  State's  license  (permission)  to  practise  medicine,  the 
State  does  not  require  and  the  licensee  does  not  engage, 
that  he  will  practise  at  all  or  on  other  terms  than  he  may 
choose  to  accept.  Counsel's  analogies,  drawn  from  the 
obligations  to  the  public  on  the  part  of  innkeepers,  common 
carriers,  and  the  like,  are  beside  the  mark," 


104  LIABILITY  OF  DENTIST  TO  PATIENT 


LACK  OF  SKILL  OR  CARE  GIVING  RISE   TO  LIABILITY 

1.  In  General. — In  determining  the  degree  of  care  and 
skill  which  the  physician,  surgeon,  and  dentist  must  exercise 
in  order  to  escape  liability  for  damages  that  the  patient  may 
suffer  from  his  treatment,  the  courts  are  not  entirely  agreed. 
All  the  courts  hold  that  the  practitioner  cannot  be  held 
liable  by  showing  that  he  did  not  exercise  the  highest 
degree  of  skill  and  care  possible.^  All  agree  that  to  fasten 
such  liability  upon  him,  it  is  not  necessary  to  show  that  he 
w^as  grossly  negligent  in  the  given  case.  It  is  certain  that 
he  must  have  treated  the  patient  "negligently"  in  order 
to  be  liable;  and  that  if  he  exercised  "reasonable"  care 
and  skill,  he  is  not  liable. 

The  negligence  which  renders  a  dentist  liable  in  an  action 
for  malpractice  is  simply  a  failure  to  perform  the  duty  which 
he,  as  a  professional  man,  owes  to  his  patient.  This  duty  is 
usually  expressed  in  the  formula;  a  physician,  surgeon  or 
dentist  is  required  to  possess  and  exercise  that  degree  of 
skill  and  learning  ordinarily  possessed  and  exercised  by  the 
members  of  his  profession  in  good  standing,  practising  in 
similar  localities;  and  it  is  his  duty  to  use  reasonable  care 
and  diligence  in  the  exercise  of  his  skill  and  the  application 
of  his  learning,  and  to  act  according  to  his  best  judgment.^ 

The  duty  and  consequent  liability  is  very  clearly  expressed 
by  Pryor,  J.,  in  charging  the  jury  in  Becker  v.  Janinski,'^  "a 
physician  does  not  contract  to  cure  a  patient,  he  is  not  an 
insurer — but  his  undertaking  is  only,  and  the  duty  which 
the  law  imposes  upon  him  is  only,  to  exercise  due  skill 
and  care  in  the  treatment  of  his  patient.  But  as  he  cannot 
exercise  due  skill  unless  he  possess  it,  the  law  requires 
that  a  physician  shall  have  and  shall  exert  due  skill  in  the 


1  See  Simonds  v.  Henry,  39  Me.,  155  (1855). 

2  30  Cyc,  1570.  In  the  text  cited,  the  writer  is  speaking  of  the  duty  of  physicians 
and  surgeons.  As  has  been  said,  the  courts,  in  cases  where  dentists  were  defendants, 
have  applied  the  same  principles. 

3  15  N.  Y.  Supp.,  675  (1891). 


LACK  OF  SKILL  OR  CARE  105 

treatment  of  his  patient.  So  that  as,  on  the  one  hand,  he 
cannot  exercise  the  skill  which  he  does  not  possess,  on  the 
other,  no  matter  how  consummate  his  skill,  if  in  the  par- 
ticular case  he  fail  to  apply  the  degree  of  skill  which  the 
law  exacts  of  him.  But  the  law  requires  of  a  physician 
not  only  due  skill,  but  due  care  also  in  the  treatment 
of  his  patient;  and  he  is  as  responsible  for  the  want  of 
due  care  as  of  due  skill.  What,  then,  are  the  due  skill 
and  that  due  care  which  the  law  requires  of  a  physi- 
cian in  the  treatment  of  a  patient?  As  a  physician 
is  not  bound  in  law  to  cure  his  patient  so  neither  is  he 
required  to  treat  him  with  the  greatest  skill  or  the  greatest 
care.  On  the  other  hand,  a  physician  does  not  discharge 
his  legal  duty  to  a  patient  by  treating  him  merely  with  little 
skill  or  with  slight  care.  Between  these  extremes  lies  the 
duty  which  the  law  requires  of  a  physician  in  the  treatment 
of  a  patient;  and  it  is  this:  The  law  exacts  of  a  physician, 
in  the  treatment  of  a  patient,  that  reasonable  degree  of 
skill,  and  that  reasonable  degree  of  care,  which  are  ordinarily 
possessed  and  exercised  by  the  profession,  and  he  is  liable 
in  damages  only  for  injuries  resulting  to  the  patient  from 
the  lack  of  either  of  these  requisites." 

Malpractice  may  consist  in  acting,  or  in  omitting  to  act 
when  there  is  a  legal  duty  to  act.  It  may  consist  in  a  failure 
to  make  a  diagnosis,  or  in  making  an  erroneous  diagnosis, 
it  may  consist  in  treating  the  patient  ignorantly  or  negli- 
gently, or  in  treating  him  without  the  exercise  of  ordinary 
skill  or  ordinary  attention,  provided  the  patient  suffers 
damage  as  the  result  of  the  treatment,  or  lack  of  treatment. 

It  is  said  and  repeated  in  the  books  that  the  dentist  must 
possess  a  reasonable  degree  of  skill,  but  whether  he  possesses 
such  skill  or  not  seems,  in  fact,  unimportant  in  cases  of 
malpractice,  for  the  possession  of  such  skill,  if  he  does  not 
properly  exercise  it  in  the  given  case  will  be  no  defence;  and 
the  absence  of  such  skill  if,  without  it,  he  treats  the  patient 
properly,  will  not  make  him  liable.  The  patient  must  show 
injury  in  order  to  recover  in  an  action  for  malpractice.  If 
the  patient  is  not  injured  he  cannot  recover,  no  matter  how 


106  LIABILITY  OF  DENTIST  TO  PATIENT 

ignorant  the  dentist  who  treated  him  may  have  been;  and 
it  is  difficult  to  see  how  he  can  be  injured  by  mere  lack  of 
knowledge  apart  from  the  application  of  or  omission  to 
apply  such  knowledge  to  the  patient.  If  the  dentist  should, 
with  an  utter  lack  of  knowledge  of  the  learning  of  his  pro- 
fession on  the  subject,  treat  a  patient  for  Rigg's  disease, 
whether  the  patient  could  recover  would  depend  on  whether 
he  was  damaged  by  such  treatment,  not  on  whether  the 
dentist  was  ignorant  on  the  subject.  If  by  chance  the 
dentist  should,  in  his  ignorance,  hit  on  the  proper  treatment, 
the  patient  could  not  recover  from  the  dentist,  whether  or 
not  he  was  cured  of  the  disease.  If  the  dentist,  through  such 
ignorance,  prescribed  the  wrong  treatment,  and  the  patient 
was  injured  thereby,  the  dentist  would,  of  course,  be  liable, 
but  so  would  a  skilled  and  learned  dentist  if  he  applied  a 
similar  erroneous  treatment.  It  is  the  application  or  non- 
application  of  knowledge  or  skill  which  is  important,  not 
the  mere  possession  of  it. 

2.  Effect  of  Locality. — In  determining  the  degree  of  skill 
or  care  that  must  be  exercised  by  the  practitioner,  some 
courts  lay  down  the  rule  that  he  is  required  to  use  only 
such  care  and  skill  as  is  ordinarily  exercised  by  practitioners 
in  the  particular  locality  or  neighborhood  in  which  he 
practises.^ 

Other  courts  hold  that  the  practitioner  must  exercise 
such  care  and  skill  as  is  exercised  by  those  practising,  not 
in  the  same,  but  in  similar  localities  generally.  Thus,  in 
McCracken  v.  Smathers,^  a  dentist  was  sued  for  malpractice 
in  first  filling  a  tooth  upon  a  live  nerve  without  proper 
packing,  and  for  boring  through  the  jaw  bone  when  the 
patient  returned  for  treatment.  On  the  trial  the  court 
refused  to  instruct  the  jury,  as  requested  by  the  defendant, 
that  "the  care  and  skill  required  of  the  defendant  is  not  the 
highest  degree  of  knowledge  and  skill  known  to  the  profes- 
sion, but  such  as  is  possessed  by  the  men  of  his  profession 

1  Wood  V.  Wyeth,  106  N.  Y.  App.  Div.,  21  (1905);  Mullin  v.  Flanders,  73  Vt.,  95 
(1900) ;  Force  v.  Gregory,  63  Conn.,  167  (1893). 

2  122  N.  C,  799  (1898). 


LACK  OF  SKILL  OR  CARE  107 

in  the  neighborhood."  The  defendant  appealed  against  a 
verdict  rendered  against  him,  claiming  that  the  trial  judge 
erred  in  refusing  to  charge  as  requested.  The  Supreme 
Court  affirmed  the  judgment  saying:  "The  degree  of  care 
and  skill  required  is  that  possessed  and  exercised  by  the 
ordinary  members  of  his  profession.  It  need  not  be  the 
highest  skill  and  knowledge  known  to  the  profession,  but 
it  must  be  such  as  is  ordinarily  possessed  by  the  average 
of  the  profession.  It  cannot  be  measured  simply  by  the 
profession  in  the  neighborhood,  as  this  standard  of  measure- 
ment would  be  entirely  too  variable  and  uncertain. 
'Neighborhood'  might  be  construed  into  a  very  limited 
area,  and  is  generally  so  understood  among  our  people.  It 
might  contain  but  few  dentists,  in  sparsely  settled  sections 
perhaps  only  one  or  two.  Both  might  be  men  of  very  inferior 
qualifications,  and  to  say  that  they  might  set  themselves 
up  as  the  standard  of  a  learned  profession,  and  prove  the 
standing  of  each  by  the  ability  of  the  other,  would  be  equally 
unjust  to  the  profession  and  to  its  patients.  The  words 
'the  neighborhood'  as  used  in  the  prayer  are  essentially 
different  from  the  phrases  'the  same  general  neighborhood' 
or  'the  same  general  locality,'  which  are  found  in  some 
decisions  from  other  States.  In  the  well-considered  case  of 
Gramm  v.  Boener  (56  Ind.,  497,  501)  the  court  says:  'It 
seems  to  us  that  physicians  or  surgeons  practising  in  small 
towns,  or  rural  or  sparsely  populated  districts,  are  bound  to 
possess  and  exercise  at  least  the  average  degree  of  skill  pos- 
sessed and  exercised  by  the  profession  in  such  localities  gen- 
erally. It  will  not  do,  as  we  think,  to  say  that  if  a  surgeon 
or  physician  has  exercised  such  a  degree  of  skill  as  is  ordin- 
arily exercised  in  the  particular  locality  in  which  he  practises, 
it  will  be  sufficient.'  The  third  prayer  of  the  defendant  was 
therefore  properly  refused." 

The  same  rule  was  laid  down  by  the  court  in  Burk  v. 
Foster, 1  the  court,  after  holding  that  the  test  was  not  what 
care  and  skill  were  exercised  by  practitioners  in  the  same 

»  114  Ky.,  20  (1902). 


108  LIABILITY  OF  DENTIST  TO  PATIENT 

locality,  saying :  "  On  the  other  hand,  it  must  be  recognized 
that  the  most  efficient  and  talented  in  the  profession  gener- 
ally, and  very  naturally,  seek  better  and  more  lucrative 
fields  of  employment;  that  those  living  in  a  sparsely  settled 
neighborhood  will  not  have,  in  all  probability,  the  experi- 
ence, the  opportunity  for  acquiring  skill  by  practice  in  such 
cases,  that  comes  to  the  practitioner  of  medicine  and  surgery 
in  the  city.  It  generally  follows,  then,  that  the  practi- 
tioners in  rural  localities  have  not  the  same  high  degree  of 
skill,  or  knowledge,  or  education  that  may  be  found  in 
large  cities  and  populous  communities.  As  the  physician 
engages  to  bring  to  bear  upon  the  case  only  such  skill  and 
care  as  is  ordinarily  practised  by  others  of  the  same  pro- 
fession in  like  situation,  his  liability  should  be  measured 
by  that  standard.  We  think  the  sounder  rule  is,  not  that 
the  physician's  skill  and  degree  of  attention  should  be 
measured  by  those  of  his  community,  but  by  such  as  is 
exercised  generally  by  physicians  of  ordinary  care  and  skill 
in  similar  communities.  As  said  in  Small  v.  Howard  (128 
Mass.,  131,  35  Am.  Rep.,  363),  'He  was  bound  to  possess 
that  skill  only  which  physicians  and  surgeons  of  ordinary 
ability  and  skill,  practising  in  similar  localities,  with  oppor- 
tunities for  no  larger  experience  ordinarily  possess.'" 

3.  Effect  of  the  State  of  the  Science. — Manifestly,  when 
judging  of  the  degree  of  care  and  skill  exercised  by  the 
practitioner,  regard  must  be  had  to  the  state  of  the  science 
of  dentistry  at  the  time  the  treatment  which  is  alleged  to  be 
negligent,  was  given,  and  such  is  the  doctrine  of  the  cases. 
As  expressed  by  Beck,  C.  J.,  in  Almond  v.  Nugent,^  "The 
physician  and  surgeon  are  required  to  keep  up  with  the 
progress  of  the  day."  The  practitioner,  however,  is  not 
liable  for  malpractice  merely  because  he  does  not  exercise 
the  skill  and  diligence  exercised  only  by  the  thoroughly 
educated. 2  Nor  is  he  so  liable  because  he  has  failed  to 
apply  himself  to  "the  most  accredited  sources  of  knowledge." 
As  said  by  Beck,  C.  J.,  in  Almond  v.  Nugent,^  when  the  trial 

1  34  Iowa,  300  (1872).  2  Peck  v.  Hutchinson,  88  Iowa,  320  (1893). 

334  Iowa,  300  (1872). 


LACK  OF  SKILL  OR  CARE  109 

court  had  instructed  the  jury:  "The  standard  of  ordinary 
skill  in  the  profession  is  on  the  advance,  and  he  who  would 
not  be  found  wanting  must  apply  himself  with  diligence 
to  the  most  accredited  sources  of  knowledge."  "The  rule 
announced  .  .  .  imposes  a  requirement  that  cannot  be 
admitted.  It  demands  that  the  surgeon  shall  be  educated 
by  instructors  of  the  most  established  reputation,  that  he 
shall  resort  to  schools  of  the  widest  fame,  and  study  books 
of  the  first  authority.  To  these  sources  of  knowledge  he 
must  continue  to  apply  himself.  The  rule  condemns  all 
knowledge  not  acquired  in  this  way,  and  fixes,  as  a  standard 
of  ordinary  skill,  attainments  gained  from  the  prescribed 
course  of  preparation  for  the  discharge  of  professional 
duties.  It  is  not  supported  by  reason  and  the  experience 
of  every  day.  Humble  and  unknown  instructors  of  obscure 
schools  may  be  sources  from  which  the  professional  man 
may  gain  thorough  knowledge  of  the  principles  of  his  pro- 
fession. Diligent  application  to  his  pursuit,  and  attention 
to  the  proper  sources  whence  he  may  gain  knowledge  of 
improvements  and  discoveries  of  the  day,  will  enable  him 
to  build  upon  the  foundation  thus  laid,  a  professional 
structure  of  excellence.  Instances  are  within  the  observa- 
tion of  all,  where  men,  eminent  for  attainments  and  useful- 
ness in  the  profession,  have  been  deprived  of  the  advantages 
of  instruction  in  the  schools.  The  law  requires  skill  and 
makes  no  inquiry  as  to  the  source  whence  it  is  obtained." 

4.  Effect  of  Established  Methods  of  Treatment.^ — It  is 
generally  agreed  that  practitioners  are  bound  by  what  is 
universally  settled  in  the  profession,  and  where  an  established 
practice  or  a  particular  mode  of  treatment  has  been  followed 
for  a  long  time  and  is  upheld  by  the  consensus  of  opinion 
among  the  members  of  the  profession,  any  departure  there- 
from is  evidence  of  negligence  sufficient  to  render  the  dentist 
liable  for  malpractice,  if  injury  results.^ 

As  said  by  the  court  in  the  case  last  cited:  "JNIuch  was 
said  on  the  argument  as  to  the  right  of  a  surgeon  to  exercise 

»  See  Patten  v.  Wiggin,  51  Me.,  594  (1862);  Carpenter  v.  Blake,  60  Barb.  (N.  Y.), 
488(1871). 


110      .       LIABILITY  OF  DENTIST  TO  PATIENT 

his  own  judgment  as  to  the  mode  of  treatment  he  will  adopt 
in  the  case  of  a  wound,  or  of  a  disease  which  he  is  called  upon 
to  treat;  that  neither  the  rules  prescribed  by  writers,  nor 
those  acted  upon  by  other  physicians  or  surgeons,  can  apply 
to  every  case,  and  hence  latitude  must  be  allowed  for  the 
apphcation  of  remedies  which  the  attending  physician  or 
surgeon  has  found  to  be  beneficial.  If  this  is  not  allowed, 
the  argument  is,  that  all  progress  in  the  practice  of  surgery 
or  physic  must  cease,  and  the  afflicted  lose  altogether  the 
benefits  of  experience  and  of  remedies  that  science  furnishes 
for  the  alleviation  of  human  suffering.  It  must  be  conceded 
that  if  a  surgeon  is  bound,  at  the  peril  of  being  liable  for 
malpractice,  to  follow  the  modes  of  treatment  which  writers 
and  practitioners  have  prescribed,  the  patient  may  lose 
the  benefits  of  recent  improvements  in  the  treatment  of 
diseases,  or  discoveries  in  science,  by  which  new  remedies 
have  been  brought  into  use;  but  this  danger  is  more  apparent 
than  real.  Some  standard,  by  which  to  determine  the  pro- 
priety of  treatment,  must  be  adopted;  otherwise  experience 
will  take  the  place  of  skill,  and  the  reckless  experimentalist 
the  place  of  the  experienced  practitioner.  If  the  case  is  a 
new  one,  the  patient  must  trust  to  the  skill  and  experience 
of  the  surgeon  he  calls;  so  must  he  if  the  injury  or  the  disease 
is  attended  with  injury  to  other  parts,  or  other  diseases  have 
developed  themselves,  for  which  there  is  no  established 
mode  of  treatment.  But  when  the  case  is  one  as  to  which 
a  system  of  treatment  has  been  followed  for  a  long  time, 
there  should  be  no  departure  from  it,  unless  the  surgeon  who 
does  it  is  prepared  to  take  the  risk  of  establishing,  by  his 
success,  the  propriety  and  safety  of  his  experiment. 

"The  rule  protects  the  community  against  reckless 
experiments,  while  it  admits  the  adoption  of  new  remedies 
and  modes  of  treatment,  only  when  their  benefits  have  been 
demonstrated,  or  when,  from  the  necessity  of  the  case,  the 
surgeon  or  physician  must  be  left  to  the  exercise  of  his  own 
skin  and  experience." 

If  it  is  shown  that  some  practitioners -have  abandoned  the 
established  mode  of  treatment,  and  applied  a  new  mode,  and 


INSUFFICIENT  OR  WRONG  DIAGNOSIS  111 

found  it  to  succeed  as  well  or  better  than  the  established 
one,  it  is  not  negligent  to  resort  to  the  system  thus  practically 
tested.  But  before  the  new  practice  can  be  used,  to  shield 
the  practitioner  from  the  charge  of  malpractice,  it  must 
appear  that  the  cases  in  which  it  was  tested  were  substan- 
tially the  same  as  the  case  at  bar;  and  that  the  treatment 
resorted  to  has  been  successful  in  a  sufficient  number  of 
instances  to  establish  satisfactorily  the  propriety  and  safety 
of  adopting  it.  The  practitioner  cannot  try  experiments 
on  his  patient.^ 

The  dentist  is  not  liable  for  malpractice  in  not  following 
the  established  method  of  treatment,  if  the  condition  of  the 
patient  was  such  that  this  method  of  treatment  would  have 
resulted  in  injury  to  the  patient.- 

5.  When  Services  are  Gratuitous. — The  rule  was  formerly 
laid  down  that  the  practitioner,  when  his  services  were 
rendered  gratuitously,  was  liable  for  gross  negligence  only.^ 
Later  authorities  deny  this,  and  lay  down  the  rule  that  when 
one  assumes  to  be  a  dentist  and  acts  as  such,  the  fact  that 
he  did  not  charge  for  his  services  will  not  affect  the  rule  as 
to  the  degree  of  skill  and  care  required  of  him.''  He  is  still 
liable  for  any  injury  resulting  to  the  patient  from  lack  of 
ordinary  care  and  skill. 


LIABILITY  FOR  INSUFFICIENT  OR  WRONG  DIAGNOSIS 

If  through  negligence,  or  the  want  of  ordinary  skill,  care, 
or  diligence,  the  practitioner  fails  to  make  such  a  sufficient 
examination  as  would  enable  him  to  correctly  diagnosticate 
the  case,  he  is  guilty  of  malpractice,  and  liable  for  any 
damages  resulting  therefrom.  As  was  said  in  Burk  v. 
Foster/  "The  patient  was  entitled  to  an  ordinarily  careful 

*  1  Carpenter  v.  Blake,  60  Barb.  (N.  Y.),  488  (1S71). 

2  Hallam  v.  Means,  82  111.,  379  (1876). 
'  Shearman  and  Redfield  on  Neg.  (2d  ed.),  sec.  604. 
i  Peck  V.  Hutchinson,  88  Iowa,  320  (1893). 
5  114  Ky.,  20  (1902). 


112  LIABILITY  OF  DENTIST  TO  PATIENT 

and  thorough  examination  of  his  injuries,  such  as  the  cir- 
cumstances attending  their  infliction,  the  condition  of  the 
patient,  and  the  surgeon's  opportunities  for  proper  examina- 
tion suggested  and  allowed." 

The  dentist  is  not  only  under  a  duty  to  take  care  to  make 
an  examination,  he  is  under  the  further  duty  to  bring  to 
bear  in  making  the  examination,  ordinary  care  and  skill, 
and  if  through  lack  of  such  care  and  skill  he  fails  to  discover 
a  lesion  which  exists,^  or  makes  an  erroneous  diagnosis  and 
follows  it  with  improper  treatment,  he  is  liable  therefor.^ 

It  is  said  that  an  erroneous  diagnosis  alone,  not  followed 
by  improper  treatment,  does  not  render  the  practitioner 
liable  for  malpractice.^ 

In  that  case,  however,  the  erroneous  diagnosis  did  not 
result  in  injury  to  the  patient,  as  the  treatment  followed  was 
equally  proper  whether  the  injury  was  as  diagnosticated,  or  as 
claimed  by  the  patient.  It  would  seem  that  if  the  patient 
w^as  injured  by  an  erroneous  diagnosis  due  to  negligence 
or  lack  of  ordinary  knowledge  or  skill  he  should  recover 
on  the  same  principle  that  he  is  allowed  to  recover  where 
no  diagnosis  is  made.  Suppose  a  dentist  should,  through 
gross  ignorance,  diagnosticate  a  case  of  Rigg's  disease  as 
a  boil,  and  tell  the  patient  that  no  treatment  was  neces- 
sary, and  the  patient  relying  on  the  diagnosis,  suffered  the 
loss  of  all  his  teeth;  all  the  elements  which  the  law  relating 
to  malpractice  require  are  present,  and  there  can  be  no 
doubt  that  the  dentist  would  be  liable.  Indeed,  an  action 
for  negligence  has  been  upheld  for  a  wrong  diagnosis  alone.^ 
In  this  case  the  plaintiff  was  engaged  to  marry  the  daughter 
of  one  X.  X  was  informed  that  plaintiff  was  diseased  and 
thereupon  employed  the  defendant,  a  physician,  to  examine 
plaintiff.  The  defendant  did  so  and  reported  to  X  that  the 
plaintiff  was  diseased.  Whereupon  X  broke  the  engage- 
ment.    The  plaintiff  brought   suit  against  the  physician 

1  Lewis  V.  Dwinell,  84  Me.,  497  (1892). 

2  Grainger  v.  Still,  187  Mo.,  197  (1904). 

3  Tomer  v.  Aiken,  126  Iowa,  114  (1904). 

*  Harriott  v.  Plinnpton,  166  Mass.,  585  (1896). 


ADVISING  ERRONEOUS  TREATMENT  113 

for  negligence  in  making  the  examination,  and  it  having 
been  proved  that  the  plaintifP  was  not  diseased,  the  court 
said:  "Having  undertaken  for  compensation  to  be  paid 
by  another  to  examine  the  plaintiff,  and  to  report  whether 
he  was  diseased  the  defendant  was  bound  to  have  the  ordin- 
ary skill  and  learning  of  a  physician,  and  exercise  ordinary 
diligence  and  care,  and  if  he  failed,  and  the  plaintiff  was 
injured  (by  breaking  of  the  engagement)  because  of  his 
want  of  such  skill  and  learning,  or  his  want  of  such  care, 
the  defendant  was  answerable  to  him  in  damages."  This 
case  further  establishes  the  rule  that  the  practitioner  is 
liable  for  a  negligent  diagnosis  when  he  acts  merely  as  a 
consultant  and  no  treatment  is  contemplated. 

It  has  even  been  held  that  when  a  reasonably  careful 
diagnosis  would  have  shown  that  a  disease  was  incurable, 
or  would  not  yield  to  usual  treatment  or  that  it  was  probable 
that  the  patient  would  not  be  benefited  by  such  treatment, 
a  failure  to  make  such  discovery  or  to  advise  the  patient 
thereof,  would  be  such  negligence  as  would  entitle  the 
plaintiff  to  damages.^ 


LIABILITY   FOR  ADVISING  ERRONEOUS  TREATMENT 

A  dentist  is  liable  in  a  suit  for  malpractice  not  only  when 
he  negligently  performs  work  he  has  undertaken,  but  for 
advising  a  certain  course  of  treatment,  operation,  extrac- 
tion, etc.,  if,  in  his  opinion,  or  in  the  opinion  of  a  dentist 
of  reasonable  skill,  such  treatment  is  unnecessary  and  un- 
reasonable, and  results  in  injury  to  the  patient,  even  though 
the  actual  treatment  were  skilfully  administered;  for  when 
the  patient  submits  his  case  to  the  dentist  he  has  a  right 
to  rely  on  the  knowledge  of  the  dentist  as  to  the  proper 
course  of  treatment,  and  his  good  faith  in  advising  the 
proper  course,  as  well  as  his  skill  in  performing  the  actual 
work.     Even  though  the  patient  does  not  expressly  ask 

1  Logan  V.  Field,  75  JNIo.  App.,  594  (1S98). 


114  LIABILITY  OF  DENTIST  TO  PATIENT 

the  dentist's  advice  as  to  the  proper  treatment  in  the  par- 
ticular case,  but  merely  requests  the  dentist  to  perform 
a  certain  work,  say  to  extract  a  tooth,  it  is  the  duty  of  the 
dentist  if,  in  his  opinion,  extraction  is  unnecessary,  to  advise 
the  patient  to  that  effect,  and  the  patient  would  have  the 
right,  in  the  absence  of  contrary  advice  by  the  dentist  to 
assume  that  the  dentist  considered  the  operation  proper.^ 

If,  however,  the  dentist  advises  the  patient  that  the  oper- 
ation is  unnecessary  and  improper,  if  the  patient — at  least, 
if  the  patient  be  of  mature  years  and  sound  mind — insist 
on  the  operation,  and  the  dentist  thereupon  performs  it, 
doing  the  work  skilfully,  the  dentist  is  not  liable  to  the 
patient  for  any  damage  sought  on  the  ground  that  the 
operation  was  improper  and  injurious.^ 


LIABILITY  FOR  ERRONEOUS  PRESCRIPTION 

The  care  and  skill  required  of  the  dentist  is  not  confined 
to  his  acts  in  actually  treating  the  patient.  The  same  care  is 
demanded  of  him  by  the  law  in  writing  prescriptions.  If 
through  negligence  or  ignorance  in  writing  a  prescription 
the  patient  suffers  damage,  the  dentist  is  liable  therefor 
in  a  civil  action.^ 


LIABILITY  FOR  OMISSION  TO  GIVE  INSTRUCTIONS 

It  is  the  duty  of  the  dentist  not  only  to  use  proper  care 
and  skill  in  the  actual  work  done  by  him  for  the  patient, 
but  to  give  proper  instructions  to  the  patient  as  to  the 
care  or  use  of  his  teeth  or  mouth  so  far  as  such  instructions 
are  necessary  to  obtain  the  result  desired  from  the  treatment. 
A  failure  to  give  any  instruction  when  such  instruction 
should  be  given,   or  the  giving  of  erroneous  instructions 


I  Gramm  v.  Boener,  56  Ind.,  497  (1877).  2  Ibid, 

3  Murdock  v.  Walker,  43  III.  App.,  590  (1892). 


LIABILITY  FOR  ABANDONMENT  OF  PATIENT     115 

will,  if  injury  result,  render  the  dentist  liable  for  malpractice.^ 
In  that  case  the  court  said:  "The  jury  found  especially 
that  defendants  properly  set  plaintiff's  leg;  that  they 
properly  treated  it  until  he  was  discharged;  and  that  they 
used  proper  and  approved  methods  and  appliances  in  the 
treatment  of  the  leg — but  it  is  nowhere  found,  directly  or 
by  implication,  that  they  gave  plaintift'  proper  instructions, 
or  did  not  give  him  improper  instructions,  for  the  care  and 
use  of  his  injured  leg.  Defendants  may  have  exercised  proper 
care,  and  used  proper  skill  in  all  things,  yet,  under  the  law 
of  the  case,  if  they  omitted  to  give  plaintiff  proper  instruc- 
tions for  the  care  and  use  of  his  wounded  leg,  they  were 
rightly  held  liable  by  the  jury.  As  we  have  said,  the  jury 
was  authorized  to  find  for  plaintiff  under  the  evidence,  on 
the  ground  of  defendant's  negligence  in  the  omission  to  dis- 
charge their  duty  to  instruct  plaintiff'  as  to  the  care  and  use 
of  his  injured  leg.  For  these  reasons  we  reach  the  satis- 
factory conclusion  that  the  judgment  of  the  district  court 
ought  to  be  affirmed." 


LIABILITY   FOR   ABANDONMENT   OF  PATIENT 

It  has  been  decided  many  times  by  the  courts  that  a 
physician  who  undertakes  the  treatment  of  an  ill  person, 
renders  himself  liable  in  damages  if  without  the  patient's 
consent,  or  notice  to  the  patient,  he  prematurely  abandons 
the  case.  The  law  on  this  subject  was  well  expressed  by  the 
court  in  the  case  of  Ballon  v.  Prescott:^  "The  care  and  skill 
which  a  professional  man  guarantees  to  his  employer  are 
elements  of  the  contract  to  which  he  becomes  a  party  on 
accepting  a  proffered  engagement.  They  are  implied  by  the 
law  as  resulting  from  that  engagement,  though  it  be  but 
verbal,  and  nothing  said  in  relation  to  such  elements.  So 
continued  attention  to  the  undertaking  so  long  as  attention 


1  See  Beck  v.  The  German  Klinik,  7S  Iowa,  696  (1889). 

2  64  Me.,  305  (1872). 


116  LIABILITY  OF  DENTIST  TO  PATIENT 

is  required  in  the  absence  of  any  stipulation  to  the  contrary, 
is  equally  an  inference  of  the  law.  If  a  counsellor  at  law 
undertakes  the  management  of  a  cause,  nothing  more  being 
said  or  done  than  simply  an  offer  and  acceptance  of  a  retainer 
for  that  purpose,  it  will  hardly  be  denied  that  an  abandon- 
ment of  the  cause  before  its  close  would  be  as  much  a  viola- 
tion of  the  contract  with  the  client  as  a  neglect  to  use  the 
requisite  care  and  skill  in  its  prosecution,  and  the  duty  of 
continued  attention  is  equally  an  implication  of  the  law  as 
that  of  exercising  the  required  care  and  skill. 

"  That  the  same  principles  apply  to  the  employment  of  a 
physician  or  surgeon  there  can  be  no  doubt.  If  he  is  called 
to  attend  in  the  usual  manner,  and  undertakes  to  do  so  by 
word  or  act,  nothing  being  said  or  done  to  modify  this  under- 
taking, it  is  quite  clear  as  a  legal  proposition  that  not  only 
reasonable  care  and  skill  should  be  exercised,  but  also 
continued  attention  so  long  as  the  condition  of  the  patient 
might  require  it,  in  the  exercise  of  an  honest  and  properly 
educated  judgment,  and  certainly  any  culpable  negligence 
in  this  respect  would  render  him  liable  in  an  action.  Barbour 
V.  Martin,  62  Me.,  536;  Shearman  and  Redfield  on  Negli- 
gence, sec.  441." 

This  rule  of  law  has  usually  been  applied  by  the  courts 
in  cases  where  the  physician  or  surgeon  undertook  to  treat 
the  patient  at  the  patient's  home  or  at  a  hospital.  There  can 
be  no  doubt  that  the  courts  would  apply  the  same  rule  to 
a  dentist  who  should  undertake  a  case  under  similar  circum- 
stances ;  as  where  the  patient  from  illness  or  other  cause  could 
not  visit  the  dentist,  and  the  latter  therefore  undertook  to 
attend  the  patient.  In  such  a  case  if  the  dentist  should 
neglect  to  visit  the  patient  without  notifying  the  patient, 
and  the  patient  relying  on  the  implied  undertaking  of  the 
dentist,  should  suffer  from  such  neglect,  the  dentist  would  be 
liable  in  damages  for  malpractice.  The  obligation  of  the 
dentist  is,  however,  only  to  continue  to  treat  the  patient 
unless  (1)  he  notify  tiie  patient  that  he  does  not  propose  to 
continue  his  attendance,  in  time  for  the  patient  to  secure 
the  services  of  another  dentist;  or   (2)  unless  the  patient 


LIABILITY  FOR  ABANDONMENT  OF  PATIENT     117 

consents  to  the  discontinuance  of  the  treatment;  or  (3) 
the  condition  of  the  patient  is  such  as  no  longer  to  require 
treatment. 

1.  Notification. — It  seems  that  the  dentist  who  has  under- 
taken the  treatment  of  a  patient  without  any  express  agree- 
ment as  to  the  length  of  time  of  the  continuance  of  the  treat- 
ment, can,  by  notifying  the  patient  in  time  for  the  patient 
to  obtain  the  services  of  another  dentist,  that  he  intends 
to  discontinue  his  visits,  the  patient  understanding  that 
further  treatment  is  necessary,  reheve  himself  of  all  liability 
for  neglect  to  continue  treatment,  whatever  may  be  his 
reasons  for  such  discontinuance,  or  whether  he  has  any  reason 
other  than  a  whim.  At  least  there  is  no  intimation  in  the 
books  to  the  contrary,  and  the  language  of  the  cases  would 
seem  to  justify  the  above  statement  of  the  rule  of  law.  Of 
course,  such  notification  and  abandonment  of  the  case 
would  not  relieve  the  dentist  for  any  injury  caused  by  his 
negligence  in  the  actual  treatment  of  the  case. 

2.  Consent  of  Patient. — Of  course  if  the  patient  consents 
to  the  abandonment  of  the  case  by  the  dentist,  and  much 
more  if  the  patient  discharges  the  dentist,  the  dentist  is 
under  no  obligations  to  hold  himself  in  readiness  to  treat 
the  patient  further,  and  is  no  more  liable  for  refusing  to 
treat  the  patient  if  the  latter  should  subsequently  require 
and  demand  his  services,  than  he  would  be  if  he  had  been 
called  in  originally  and  had  refused  to  attend  the  patient. 
But  if  his  defense  in  a  suit  for  abandoning  a  patient  be  the 
consent  of  the  patient,  he  must  be  able  to  prove  clearly 
such  consent.  Not  only  must  the  consent  be  proved,  but 
it  must  be  a  consent  obtained  without  fraud  or  misrepre- 
sentations on  the  part  of  the  dentist.  As  said  by  the  court 
in  Carpenter  v.  Blake :^  "I  agree  with  the  defendant's 
counsel,  that  it  was  the  right  of  the  defendant  to  give  up 
the  care  of  the  limb  at  any  time,  especially  with  the  plain- 
tiff's assent;  but  if  the  defendant  insists  upon  that  consent 
as  a  shield  from  liability  for  any  neglignce  of  which  he  may 

>  60  Barb.  (N.  Y.),  488  (1871). 


118  LIABILITY  OF  DENTIST  TO  PATIENT 

have  been  guilty,  or  for  any  malpractice  committed,  it  was 
competent  for  the  plaintiff  to  show,  if  she  could,  that  her 
consent  was  obtained  by  representations  that  were  false." 

3.  Discharge  of  Patient. — ^The  dentist  may,  in  defence  of 
a  suit  for  malpractice  in  abandoning  the  patient,  show  that 
the  patient  was  no  longer  in  need  of  his  services,  and  that 
it  was  for  this  reason  that  he  ceased  his  visits  to  the  patient. 
To  sustain  this  defence  he  must  prove  it.  It  is  not  sufficient 
to  relieve  him  from  liability  that  he  thought  the  patient 
no  longer  needed  his  attention.  He  is  required  by  law  to 
exercise  the  same  care  and  skill  in  determining  whether  the 
patient  needed  further  attention  as  he  is  in  the  actual  treat- 
ment of  the  case  itself,  and  if  a  dentist  of  ordinary  skill  in 
the  exercise  of  a  reasonable  care  would  not  have  discontinued 
his  visits  under  the  circumstances  he  will  be  liable  in  damages 
in  a  suit  for  malpractice.^ 

What  has  been  said  above  applies  to  cases  where  the 
dentist  has  undertaken  to  treat  the  patient  at  the  patient's 
home  or  at  a  hospital,  or  some  place  other  than  the  dentist's 
office.  In  other  words,  to  cases  where,  under  the  circum- 
stances, the  dentist  was  by  the-  implied  agreement  of  the 
parties  to  visit  the  patient.  In  the  usual  case  the  agreement 
of  the  parties,  express  or  implied,  is  that  the  patient  shall 
attend  for  further  treatment  at  the  office  of  the  dentist. 
It  remains  to  inquire  what  are  the  duties  of  the  dentist  as 
to  continuance  of  treatment  in  such  cases,  and  under  what 
circumstances,  if  any,  in  such  cases  he  can  be  held  liable  for 
malpractice  on  the  ground  that  he  has  abandoned  the  patient 
after  having  undertaken  the  treatment  of  such  patient. 

The  question  may  arise  in  two  ways:  (1)  When  the  patient 
has  been  ordered  by  the  dentist  to  return  but  fails  to  do  so; 
(2)  when  the  patient  having  been  ordered  to  return  does 
so  at  the  time  ordered  but  the  dentist  has  absented  himself 
from  his  office  or  being  there  refuses  to  treat  the  patient, 
whereby  the  patient  suflFers  injury.  In  the  first  case  the 
dentist  is  seen  to  be  without  fault,  unless  indeed  he  is  under 

»  Lawaon  v.  Conaway,  37  W.  Va.,  159  (1892). 


LIABILITY  FOR  ABANDONMENT  OF  PATIENT      119 

an  obligation  notwithstanding  the  patient's  default,  either 
to  visit  the  patient  or  further  communicate  with  the  patient 
to  ascertain  the  reason  of  his  default,  and  to  fix  a  time  for 
subsequent  visits  from  the  patient.  It  would  seem  that 
there  is  no  such  obligation  on  the  part  of  the  dentist.  He 
may  assume  from  the  patient's  failure  to  return,  either  that 
the  patient  has  decided  to  discontinue  the  treatment  or 
that  he  has  sought  another  dentist.  A  similar  case  has  arisen 
in  the  case  of  a  physician.^  In  this  case  the  physician  was 
sued  for  malpractice  and  the  physician  defended  on  the 
ground  that  the  injury  complained  of  was  not  caused  by  his 
negligence  but  by  the  negligence  of  the  patient  in  not 
returning  for  treatment.  The  trial  court  said:  "If  the 
plaintiff  (patient)  after  having  been  treated  for  some  time 
by  the  defendant  (physician)  upon  going  away  from  the 
place  where  the  treatment  had  been  given,  was  instructed 
by  the  defendant  to  return  for  further  treatment  as  soon 
as  he  began  to  suffer  pain,  and  he  neglected  for  a  week  to 
return  for  treatment,  this  is  a  fact  for  you  (the  jury)  to  take 
into  consideration,  with  the  other  facts  in  the  case,  in  deter- 
mining whether  the  plaintiff  himself  was  not  negligent." 
On  appeal,  the  Supreme  Court  approved  of  this  charge  to 
the  jury. 

So  in  the  case  of  Dashiell  v.  Griffith^  the  Supreme  Court 
said:  "If  an  office  patient  fails  to  come  to  the  office  of  the 
physician  or  surgeon  whom  he  employs  and  from  whom  he 
has  received  careful  and  skilful  treatment,  and  then  fails 
to  return  to  the  office  for  further  treatment,  and  in  conse- 
quence thereof  suffers  injury,  he  is  not  entitled  to  maintain 
an  action  against  the  physician,  because  it  is  his  own  default 
and  misfeasance." 

On  the  other  hand,  when  the  patient  obeys  the  instruc- 
tions of  the  dentist  and  returns  for  treatment,  but  finds  the 
dentist  absent,  or  the  dentist  being  present,  refuses  to  treat 
him,  the  dentist,  not  the  patient  is  in  default.  Here  the 
dentist  having  contracted  to  treat  the  patient  at  the  time 

>  Jones  V.  Angell,  95  Ind.,  37G  (18S3).  2  S-4  Md.,  363  (1896). 


120  LIABILITY  OF  DENTIST  TO  PATIENT 

appointed,  is  no  doubt  liable  to  the  patient,  as  we  have  seen 
above,  for  breach  of  contract,  unless  he  can  show  some  legal 
excuse  for  his  default,  such  as  illness.  Absence  for  pleasure, 
or  for  business  reasons  would  be  no  defence. 

We  have  seen  in  treating  of  the  dentist's  contract,  that 
for  breach  of  contract  the  dentist  would  be  liable  if  he  refused 
to  perform  his  contract  with  the  patient  but  that  the  patient 
must  in  such  case  minimize  the  damages;  that  he  must,  on 
the  tefusal  of  the  dentist  to  perform  the  particular  work 
seek  another  dentist;  that  he  could  not  lie  back,  refuse  to 
employ  another  dentist,  and  allow  the  trouble  for  which  he 
sought  relief  to  accumulate  and  then  charge  the  first  dentist 
with  the  accumulated  damages  he  had  suffered.  This  is 
true  when  the  dentist  in  breaking  his  contract  with  the 
patient  gives  the  patient  to  understand  clearly  that  he  will 
not  treat  him  at  all.  But  suppose  the  dentist  instead  of 
giving  the  patient  to  understand  that  he  will  not  treat  him, 
is  simply  absent  from  his  office  on  a  business  or  pleasure  trip 
at  the  time  appointed.  In  such  a  case  the  patient  on  find- 
ing the  dentist  absent,  if  the  dentist  have  left  no  explanation 
of  his  absence,  and  all  the  more  if  he  has  left  notice  that  his 
absence  is  only  temporary,  may  assume  that  the  dentist 
expects  to  treat  him  on  his  return,  and  certainly  in  the  absence 
of  knowledge  that  immediate  treatment  is  necessary,  need 
not  seek  another  dentist  and,  not  doing  so,  may  recover 
damages  for  all  injury  suffered  through  the  neglect  of  the 
dentist  to  treat  him  on  the  day  appointed. 

Of  course,  since  ordinarily  damages  are  given  only  to 
actually  compensate  a  person  for  injury  actually  suffered, 
if  the  patient  on  finding  the  dentist  absent,  should  seek 
another  dentist,  he  cannot  recover  for  injury  he  might  have 
suffered  had  he  not  done  so. 

If  the  dentist  before  absenting  himself  notify  the  patient 
of  his  expected  absence,  and  instruct  the  patient  to  seek 
another  dentist,  he  has  done  all  the  law  requires  of  him,  and 
is  not  liable  in  an  action  for  malpractice  for  any  injury 
suff'ered  by  the  patient  in  neglecting  to  treat  him  at  the  time 
appointed,  at  least  if  another  dentist  is  available. 


LIABILITY  FOR  ABANDONMENT  OF  PATIENT     121 

If  no  particular  day  or  hour  be  agreed  on  at  which  a 
patient  whom  the  dentist  has  begun  to  treat  shall  return 
for  further  treatment — say  for  necrosis — we  have  seen  that 
the  patient  is  under  no  obligation  to  return  even  if  the  dentist 
should  offer  him  a  satisfactory  appointment.  In  such  a  case 
is  the  dentist  under  any  obligation  to  follow  up  the  patient, 
and  offer  him  another  engagement,  or  can  he  leave  it  to 
the  patient  to  take  the  initiative  and  seek  him  for  further 
treatment?  This  is  a  difficult  question.  The  patient  has 
goiie  to  the  dentist  for  examination,  and  the  dentist,  we  will 
suppose,  has  discovered  that  the  patient  has  necrosis  of  the 
jaw.  He  so  informs  the  patient,  who  then  requests  the  dentist 
to  treat  him.  The  dentist  begins  the  treatment  at  that 
sitting,  and  the  patient  leaves  the  office  without  anything 
being  said  as  to  his  return,  or  no  definite  date  being  fixed 
therefor.  The  patient  does  not  realize  the  seriousness  of 
the  disease  or  that  the  next  treatment  should  follow  shortly 
on  the  first.  This  the  dentist  does  or  should  know.  The 
patient  through  his  ignorance  of  the  necessities  of  the  case 
takes  no  steps  to  make  another  engagement  with  the  dentist 
for  six  weeks.  When  he  does  the  dentist  gives  him  an  im- 
mediate engagement,  but  the  delay  has  caused  the  patient 
serious  injury.  Is  the  dentist  liable  for  the  injury  caused  by 
the  delay?  For  the  dentist  it  may  be  said  that  as  the  patient 
had  the  right  to  seek  another  dentist  without  rendering 
himself  liable  to  the  first  dentist,  that  the  first  dentist  may 
assume  that  the  patient  has  availed  himself  of  this  right. 
If  the  relation  between  the  first  dentist  and  the  patient 
began  with  the  examination  supposed  above,  and  was  not 
of  long  standing,  and  if  the  dentist  at  the  time  of  the  examin- 
ation informed  the  patient  of  the  serious  nature  of  the  dis- 
ease, or  had  reason  to  believe  that  the  patient  knew  its 
nature,  and  gave  the  patient  no  reason  to  suppose  that  he, 
the  dentist,  would  take  the  initiative  in  fixing  a  date  for 
subsequent  treatment,  it  is  believed  that  the  dentist  would 
not  be  liable  for  a  failure  to  offer  another  engagement  to  the 
patient. 

If,  on  the  other  hand,  the  relation  between  the  dentist  and 


122  LIABILITY  OF  DENTIST  TO  PATIENT 

the  patient  was  one  of  long  standing,  and  especially  if  the 
dentist  did  not  inform  the  patient,  and  had  no  reason  to 
suppose  that  the  patient  knew  of  the  serious  nature  of  the 
disease,  there  would  seem  to  be  an  obligation  on  the  dentist 
to  take  the  initiative  and  offer  the  patient  an  opportunity 
for  further  treatment.  If  the  patient  should  seek  another 
appointment  but  the  dentist  should  refuse  to  give  it  to  him, 
would  the  dentist  be  liable  for  malpractice?  In  the  ordinary 
case  it  would  seem  not.  It  has  often  been  held  that  a 
physician  may,  after  undertaking  the  case  of  a  patient, 
dismiss  the  patient  on  giving  such  patient  reasonable  notice 
that  he  will  not  attend  him  further.  The  same  rule  would 
seem  to  apply  to  the  dentist,  if  the  refusal  of  the  dentist, 
when  the  appointment  was  sought,  was  given  at  such  time 
and  under  such  conditions,  at  least,  as  would  enable  the 
patient  to  obtain  the  necessary  treatment  from  another 
dentist. 


LIABILITY  FOR  COMMUNICATION  OF  DISEASE  TO 
PATIENT 

It  is  the  duty  of  the  practitioner  while  treating  his  patient, 
to  use  reasonable  care,  and  employ  reasonable  skill  not  to 
communicate  infectious  or  contagious  diseases  to  the  patient. 
This  rule  applies  not  only  to  the  communication  of  a  disease 
from  which  the  practitioner  himself  is  suffering,  but  also 
to  the  communication  by  the  practitioner  of  a  disease  from 
one  patient  to  another.  If  a  dentist  knowing  he  has  such 
disease,  allows  the  patient  to  visit  him,  without  apprising 
the  patient  of  the  danger,  and  without  taking  proper  pre- 
cautions on  his  own  part,  and  communicates  the  disease 
to  the  patient,  he  is  liable  to  the  patient  for  any  damage 
the  latter  suffers  thereby.^ 

Not  only  is  he  liable  for  damages  resulting  from  thus 
communicating  a  disease  from  which  he  suffers,  but  he  is 

1  See  Piper  v.  Menifee,  12  B.  Monroe  (Ky.),  465  (1851). 


LIABILITY  FOR  IMPROPER  USE  OF  ANESTHETICS      123 

also  liable  if  he  negligently  transmits  a  disease  from  one 
patient  to  another,  as  where,  having  treated  one  patient 
known  to  him  to  have  an  infectious  or  contagious  disease, 
he  proceeds  to  treat  another  patient  without  warning  such 
patient,  and  without  taking  proper  precautions  against  the 
communication  of  the  disease.^ 

The  same  rule  applies  whether  the  transmission  of  the 
disease  was  effected  through  the  medium  of  the  practitioner 
himself,  or  by  the  use  of  infected  instruments. 


LIABILITY  FOR  IMPROPER  USE   OF   ANESTHETICS 

In  the  use  of  anesthetics,  as  in  the  treatment  itself,  the 
dentist  is  liable  for  any  injury,  due  to  lack  of  proper  care 
and  skill,  the  patient  may  sufl'er.  If  the  particular  anesthetic 
used  was  such  as  would  not  have  been  employed  by  a  reason- 
ably skilful  and  careful  practitioner,  or  if  it  was  administered 
negligently  either  as  to  quantity  or  the  length  of  time  during 
which  it  was  used,  malpractice  may  be  inferred.-  It  was 
further  held  in  the  case  last  cited,  that  the  dentist  in  using 
an  anesthetic  is  only  bound  to  look  to  natural  and  probable 
effects;  that  he  is  not  answerable  for  negligence  for  results 
arising  from  the  peculiar  condition  or  temperament  of  the 
patient,  of  which  he  had  no  knowledge.  This  doctrine 
would  seem  to  need  qualification.  It  being  established  at 
the  present  day  that  certain  anesthetics  are  dangerous  to 
persons  suffering  from  certain  diseases,  it  would  seem 
incumbent  on  the  dentist  to  use  reasonable  care  and  skill  to 
discover  whether  the  patient  had  such  disease  before 
administering  the  anesthetic,  and  to  abstain  from  using  it 
if  it  would  be  dangerous. 

It  has  been  held  that  the  dentist,  in  treating  a  patient  to 
whom  an  anesthetic  had  been  administered,  must  exercise 
the  highest  professional  skill  and  diligence  to  avoid  every 


1  Piper  V.  Menifee,  12  B.  Monroe  (Ky.),  405  (1S51). 

2  Bogle  V.  Winslow,  5  Phila..  130  (1803). 


124  LIABILITY  OF  DENTIST  TO  PATIENT 

possible  injury  to  the  patient. i  The  court  said:  "There 
was  nothing  hurtful  in  the  anesthetic  administered  to  the 
plaintiff,  and  the  fact  that  he  was  put  under  its  influence 
is  material  only  in  determining  the  amount  of  care  which 
the  defendants  were  called  upon  to  exercise.  They  knew 
that  the  plaintiff,  while  under  the  influence  of  the  anesthetic, 
had  no  control  of  his  faculties;  that  they  were  powerless  to 
act,  and  that  he  was  unable  to  exert  the  slightest  effort 
to  protect  himself  trom  any  of  the  probable  or  possible 
consequences  of  the  operation  which  they  had  undertaken 
to  perform.  He  was  in  their  charge  and  under  their  control 
to  such  an  extent  that  they  were  required  to  exercise  the 
highest  professional  skill  and  diligence  to  avoid  every  pos- 
sible danger,  for  the  law  imposes  duties  upon  raen  accord- 
ing to  the  circumstances  in  which  they  are  called  to  act. 
In  this  case  skill  and  diligence  must  be  considered  as  indis- 
solubly  associated.  The  professional  man,  no  matter  how 
skilful,  who  leaves  an  essential  link  wanting  or  a  danger 
unguarded  in  the  continuous  chain  of  treatment,  is  guilty 
of  negligence,  and  if  the  omission  results  in  injury  to  the 
patient,  the  practitioner  is  answerable. 

"The  defendants  were  employed  to  take  the  diseased  tooth 
out;  instead  of  doing  which  they  allowed  part  of  it  to  go 
down  the  plaintiff's  throat.  This  was  out  of  the  ordinary 
course  of  treatment,  and  how  such  an  unusual  result  was 
brought  about  was  a  fact  peculiarly  within  the  knowledge 
of  the  defendants,  which  they  were  required  to  explain, 
and  it  was  for  the  jury  to  say  whether  their  explanation 
was  satisfactory  or  not." 


LIABILITY  FOR  TREATING  PATIENT  WITHOUT  CONSENT 

Every  person  has  the  right  to  the  inviolability  of  his 
person.  This  right  forbids  anyone,  dentist,  physician, 
surgeon  or  other,  as  a  general  rule,  to  do  any  act  involving 

1  Keily  v.  Colton,  1  City  Ct.  R.  (N.  Y.),  439  (1S82). 


TREATING  PATIENT  WITHOUT  CONSENT         125 

the  physical  touching  of  the  patient,  without  the  patient's 
consent.  "  The  patient  must  be  the  final  arbiter  as  to  whether 
he  shall  take  his  chances  with  an  operation,  or  take  his 
chances  of  living  without  it  .  .  .  Consent,  therefore,  of 
an  individual  must  be  either  expressly  or  impliedly  given 
before  a  surgeon  may  have  the  right  to  operate."^ 

"Ordinarily,"  says  the  court  in  Pratt  v.  Davis,^  "When  the 
patient  is  in  full  possession  of  all  his  mental  faculties,  and 
in  such  physical  health  as  to  be  able  to  consult  about  his 
condition  without  the  consultation  being  fraught  with  dan- 
gerous consequences  to  the  patient's  health,  and  when  no 
emergency  exists  making  it  impracticable  to  confer  with 
him,  it  is  manifest  that  his  consent  should  be  a  requisite 
to  a  surgical  operation." 

If  the  practitioner  operates  without  the  consent  of  the 
patient  when  he  is  in  a  condition  to  be  consulted,  he  is 
liable  in  damages  in  an  action  for  assault  and  battery,  no 
matter  how  imperative  the  practitioner  may  deem  the 
operation.^ 

It  is  said,  at  least  by  inference,  in  the  books  that  if  the 
patient  is  unconscious,  or  his  physical  condition  is  such  that 
a  consultation  to  obtain  his  consent  would  be  dangerous,  and 
the  emergency  is  great,  that  the  practitioner  should  not  be 
liable,  if,  in  the  exercise  of  reasonable  knowledge  and  skill 
and  his  best  judgment,  deeming  an  operation  necessary, 
he  operates  with  the  consent  of  relatives  but  without  the 
consent  of  the  patient,^  or,  it  being  impracticable  to  secure 
the  consent  of  relatives,  without  their  consent.^ 

It  is  believed,  however,  that  it  has  never  been  actually 
decided  that  even  under  such  circumstances  the  practi- 
tioner would  not  be  liable  for  operating  without  consent. 
Certainly,  it  would  be  the  moral  duty  of  the  practitioner 
to  operate  in  what  he,  as  a  skilled  man,  believed  to  be  a 
case  of  life  and  death,  and  take  the  chances  of  a  suit. 

'  1  Kinkead,  Torts,  sec.  375;  State  v.  Housekeeper,  70  Md.,  162  (1888). 

2  224  111.,  300  (1906). 

3  State  V.  Housekeeper,  70  Md.,  162  (1888). 

"  Littlejohn  v.  Arbogast,  95  111.  App.,  605  (1900). 

5  Kinkead,  Torts,  sec.  375;  Pratt  v.  Davis,  224  111.,  300  (1906). 


126  LIABILITY  OF  DENTIST   TO  PATIENT 

Consent  of  Relatives. — If  the  patient  himself  is  of  the  age 
of  discretion,  it  would  seem  that  his  consent  is  sufficient. 
It  has  been  held  in  State  v.  Housekeeper/  that  if  a  married 
woman  consents  to  an  operation  on  herself,  it  is  not  necessary 
to  obtain  the  consent  of  her  husband  also.  Writers  are  not 
agreed,  however,  whether  in  the  case  of  young  children,  or 
persons  non  compos  mentis,  the  consent  of  the  parent  or 
guardian  is  necessary  to  justify  a  practitioner  in  performing 
an  operation."  It  has  been  held  in  one  case  that  the  consent 
of  the  father  is  not  necessary  to  justify  an  operation  on  a 
child,  aged  seventeen  years.^  Certainly  such  consent  should 
be  secured  whenever  possible,  and  the  practitioner  should 
never  operate  without  such  consent  except  in  extreme  cases 
and  when  he  is  prepared  to  take  the  consequences  of  a 
possible  suit. 

Consent  Presumed. — The  consent  of  the  patient  to  a  par- 
ticular act  of  the  dentist  need  not  be  express.  Such  consent 
may  be  presumed  if  the  facts  warrant  it,  and  a  consent  to 
the  greater  includes  a  consent  to  the  less  if  the  less  is  included 
in  the  greater.  Under  our  law  Shylock  would  have  been 
entitled  to  draw  the  blood  necessary  to  the  taking  of  the 
pound  of  flesh,  if  the  contract  for  the  pound  of  flesh  had  been 
valid.  If  a  patient  consents  to  have  a  tooth  drawn  his 
consent  will  cover  the  necessary  laceration  of  the  gum  and 
consequent  spilling  of  blood.  A  consent  to  the  extraction 
of  a  specifically  designated  tooth,  however,  is  not  a  consent 
to  the  pulling  of  another  tooth,  either  instead  of  or  in 
addition  to  the  tooth  indicated.  This  is  true  though  the 
necessity  for  pulling  the  second  tooth  was  greater  than  for 
pulling  the  first,  and  though  that  necessity  was  not  dis- 
covered until  the  patient  was  under  the  influence  of  an  anes- 
thetic and  hence  unable  to  be  consulted  as  to  the  extraction 
of  the  second  tooth.  If  the  patient  should  tell  the  dentist 
to  do  whatever  he  deemed  necessary,  the  dentist  could 
justify  the  pulling  of  any  number  of  teeth  which,  in  the 


1  70  Md.,  162  (1S88).  2  gee  1  Kinkead,  Torts,  sec.  376. 

3  Bakker  v.  Welch,  144  Mich.,  632  (1906). 


TREATING  PATIENT  WITHOUT  CONSENT        127 

exercise  of  reasonable  skill,  he  considered  it  necessary  to 
abstract,  providing,  at  least,  the  pulHng  of  any  teeth  was 
in  the  contemplation  of  the  parties. 

Consent  may  be  presumed  not  only  to  what  is  necessary 
in  the  actual  performance  of  the  operation  consented  to,  but 
to  the  extension  of  the  operation,  or  even  to  the  perform- 
ance of  another  operation  if  the  facts  warrant  the  inference 
of  consent.  Whether  they  do  warrant  it  is  a  question  for 
the  jury  to  decide.  In  Mohr  v.  Williams^  a  patient  sued 
a  surgeon  for  assault  and  battery  in  operating  upon  her  left 
ear.  She  had  consulted  the  defendant  about  her  right  ear 
and  he  had  advised  an  operation,  to  which  she  consented. 
After  being  put  under  the  influence  of  an  anesthetic,  the 
defendant  discovered  that  her  left  ear  was  in  greater  need 
of  an  operation  than  the  right.  He  called  the  attention  of 
the  plaintiff's  family  physician,  who  was  in  attendance  on 
the  operation  at  the  plaintiff's  request,  to  the  condition  he 
had  discovered,  and  decided  to  operate  on  the  left  ear 
instead  of  the  right.  The  family  physician  made  no  objec- 
tion. The  defendant  contended  that  the  plaintiff  had  im- 
pliedly consented  to  the  operation  on  the  left  ear.  The  jury 
gave  damages  for  the  plaintiff.  The  court  said:  "The 
contention  of  defendant  that  the  operation  was  consented 
to  by  plaintiff  is  not  sustained  by  the  evidence.  At  least, 
the  evidence  was  such  as  to  take  the  question  to  the  jury. 
This  contention  is  based  upon  the  fact  that  she  was  repre- 
sented on  the  occasion  in  question  by  her  family  physician; 
that  the  condition  of  her  left  ear  was  made  known  to  him, 
and  the  propriety  of  an  operation  suggested,  to  which  he 
made  no  objection.  It  is  urged  that  by  his  conduct  he 
assented  to  it,  and  that  the  plaintiff  was  bound  therebj^  It 
is  not  claimed  that  he  gave  his  express  consent.  It  is  not 
disputed  that  the  family  physician  of  plaintiff  was  present 
on  the  occasion  of  the  operation,  and  at  her  request.  But 
the  purpose  of  his  presence  was  not  that  he  might  participate 
in  the  operation,  nor  does  it  appear  that  he  was  authorized 

»95  Minn.,  261  (1905). 


128  LIABILITY  OF  DENTIST  TO  PATIENT 

to  consent  to  any  change  in  the  one  originally  proposed  to 
be  made.  Plaintiff  was  naturally  nervous  and  fearful  of 
the  consequences  of  being  placed  under  the  influence  of 
anesthetics,  and  the  presence  of  her  family  physician  was 
requested  under  the  impression  that  it  would  allay  and 
calm  her  fears.  The  evidence  made  the  question  one  of 
fact  for  the  jury  to  determine." 

In  Beatty  v.  Cullingworth :^  "The  defendant,  one  of  the 
most  eminent  of  London  surgeons,  performed  the  operation 
of  double  ovariotomy  on  the  plaintiff,  a  single  woman  at 
that  time  engaged  to  be  married.  Just  before  the  operation 
the  plaintiff  told  the  defendant  that  if  both  ovaries  were 
found  to  be  diseased  he  must  remove  neither.  He  replied, 
'You  must  leave  that  to  me.'  The  plaintiff  denied  hearing 
this  remark.  Defendant  and  his  assistant  affirmed  under 
oath  that  the  patient's  health  and  life  would  have  been 
imperilled  by  failure  to  complete  the  double  operation;  that 
after  the  first  operation  she  might  have  lived  ten  years, 
but  the  second  was  absolutely  necessary  for  a  radical  cure. 
When  she  learned  that  the  defendant  had  taken  out  both 
ovaries,  she  broke  her  engagement,  and  later  brought  the 
suit  in  question  for  malpractice  and  assault.  The  charge  of 
the  judge  to  the  jury  was,  in  effect,  that  the  plaintiff  had 
tacitly  assented  to  the  operation.  The  jury  found  a  verdict 
for  the  defendant."  The  charge  of  the  court  has  been 
generally  criticised,  as  the  patient  directly  prohibited  the 
operation. 

Extending  Operation.  —  It  is  said  in  Mohr  v.  Williams^ 
that  "  if  in  the  course  of  an  operation  to  which  the  plaintiff 
consented  the  physician  should  discover  conditions  not 
anticipated  before  the  operation  commenced,  and  which, 
if  not  removed,  would  endanger  the  life  and  health  of  the 
patient,  he  would,  though  no  express  consent  was  obtained 
or  given,  be  justified  in  extending  the  operation  to  remove 
or  overcome  them."  It  would  seem  that  the  right  to  extend 
an  operation  is  no  greater  than  the  right  to  operate  in  the 

1  44  Cen.  L.  J.,  153  (1897).  2  95  Minn.,  261  (1905). 


EFFECT  OF  ADMISSION  OF  LACK  OF  SKILL      129 

first  instance;  therefore,  what  is  said  above  would  seem  to 
apply  to  extending  an  operation,  except  as  the  consent  of 
the  patient  may  more  easily  be  presumed  to  the  extension 
of  an  operation  consented  to  than  to  an  operation  in  the 
first  instance. 


EFFECT   OF   ADMISSION   OF   LACK   OF   SKILL 

Where  one  does  not  assume  to  be  a  dentist,  to  practise  as 
such,  or  to  act  as  such  in  a  particular  case,  but  gives  his 
advice,  or  does  some  act  merely  as  a  friend  or  neighbor, 
he  does  not  incur  the  responsibilities  of  a  member  of  the 
dental  profession.^  If,  however,  one  assumes  to  be  a  dentist, 
or  to  act  as  such,  the  presence  or  absence  of  the  legal  qualifi- 
cations to  practise,  such  as  possession  of  a  diploma,  or  license, 
is  immaterial;  at  least  unless  the  patient  knows  of  the 
absence  of  such  qualifications.^  So,  though  one  be  a  prac- 
tising dentist,  if,  when  consulted,  he  makes  known  to  the 
patient  his  lack  of  knowledge  and  skill,  or  the  patient  is  in 
any  way  fully  aware  of  it,  the  latter  cannot  complain  of  the 
lack  of  that  which  he  knew-  did  not  exist. ^ 

It  is  said  that  if  the  practitioner,  when  called  upon,  is 
incompetent  to  treat  the  case,  he  should  recommend  the 
patient  to  employ  another  practitioner;  that  if  he  feels  that 
he  is  competent,  but  is  uncertain  or  in  doubt  as  to  the  nature 
or  the  extent  of  the  injury,  he  is  required  to  use  his  best 
judgment  as  to  whether  he  should  consult  another  practi- 
tioner.*    His  refusal  to  consult  another  practitioner,  cr  to 

'  McNevins  v.  Lowe,  40  111,,  209  (1806)  (1888). 

2  Nelson  v.  Harrington,  72  Wis., 591  (1888).  In  Dickson  v.  Hygienic  Institute  (1910), 
Sessions  Cases  (Scotland),  352,  suit  was  brought  against  an  unlicensed  dentist  for 
malpractice;  it  was  contended  by  the  defendant  that  as  he  was  an  unlicensed  dentist 
he  was  onlj-  bound  to  exercise  such  skill  as  he  possessed.  The  court  said:  "An 
unregistered  practitioner,  if  not  known  to  the  person  operated  upon  to  be  unregistered, 
must  attain  the  standard  of  skill  of  the  registered  practitioner  at  the  place  and  in  the 
circumstances  where  the  services  are  rendered;  if  known  to  be  unregistered,  then  the 
skill  of  his  profession — that  is  the  skill  which  he  professes  or  announces." 

3  Lorenz  v.  Jackson,  88  Hun.  (N.  Y.),  200  (1895). 

4  Mallen  v.  Boynton,  132  Mass.,  443  (1882). 

9 


130  LIABILITY  OF  DENTIST  TO  PATIENT 

accept  the  proffered  assistance  of  another,  neither  increases 
nor  decreases  the  obhgation  the  law  imposes  on  hirri,  in  the 
exercise  of  his  profession.  His  refusal  is  no  more  than  an 
implied  declaration  of  his  ability  to  treat  the  case  properly.^ 


LIABILITY  FOR  MALPRACTICE   OF   OTHERS 

1.  Assistant. — The  dentist  is  liable  for  malpractice  not 
only  for  his  own  negligent  treatment,  but  for  the  negligent 
treatment  of  an  assistant  over  whose  actions  in  the  premises 
the  dentist  has  dominion  and  control;  or  for  such  treatment 
by  a  person  who,  under  the  circumstances,  a  reasonably 
prudent  person  would  be  justified  in  believing,  was  aiding 
the  dentist  in  his  professional  work;  or  who  was  held  out 
to  the  public  as  his  assistant;  if  the  patient,  relying  on  such 
representations,  presented  himself  at  the  dentist's  office  for 
treatment,  and  submitted  himself  to  a  dentist  in  defendant's 
office,  relying  upon  the  defendant  and  not  upon  the  indi- 
vidual who,  in  fact,  treated  him  as  the  responsible  head 
of  the  business.^ 

Thus  in  Mandeville  v.  Courtright,''  a  patient  brought  suit 
against  the  directors  and  officers  of  a  corporation  chartered 
to  practise  dentistry,  for  the  negligence  of  one  of  its  em- 
ployees. The  jury  having  awarded  a  verdict  of  $4000 
against  the  defendants  the  court  affirmed  the  judgment. 

2.  Partner. — A  dentist  is  liable  for  the  malpractice  of  his 
partner.  It  is  immaterial  whether  the  partner  alone  treated 
the  patient,  or  whether  he  was  treated  jointly  by  both  part- 
ners, or  whether  the  defendant  first  treated  the  patient 
skilfully  and  his  partner  later,  in  the  same,  or  another  case, 
treated  him  unskilfully  or  negligently.* 

The  doctrine  is  thus  expressed  by  Simpson,  C.  J.,  in  Hyrne 
V.  Erwin  :^  "  In  a  partnership  the  parties  associated  are,  in 
one  sense,  agents  of  each  other,  and  the  act  of  one  within 

1  Potter  V.  Warner,  91  Pa.,  362  (1879). 

2  Wilkins  v.  Ferrell,  10  Tex.  Civ.  App.,  231  (1895).  ^  142  Fed.  97  (1905). 
«  Whittaker  v.  Collins,  34  Minn.,  299  (1885).                           6  23  S.  C.  226  (1885). 


LIABILITY  FOR  MALPRACTICE  OF  OTHERS      131 

the  scope  of  the  partnership  or  business  is  the  act  of  each 
and  all,  as  fully  as  if  each  was  present  and  participating  in 
all  that  is  done.  And  each  guarantees  that  within  the  scope 
of  the  common  business  reasonable  care,  diligence,  and  skill 
shall  be  displayed  by  the  one  in  charge.  Or,  at  least,  that  a 
failure  on  the  part  of  one  thus  to  exercise  such  reasonable 
care,  diligence,  and  skill  is  a  failure  in  law  of  each  and  all, 
and  an  injury  resulting  from  such  failure  is  the  act  of  all. 
Where,  however,  the  injury  results  from  a  wanton  or  wilful 
act  of  one  of  the  parties  committed  outside  of  the  agency 
or  common  business,  and  not  from  negligence  or  the  failure 
to  bestow  reasonable  care,  diligence,  and  skill  within  the 
agency,  then  a  different  principle  applies,  to  wit,  that  the 
party  doing  the  act  and  causing  the  injury  is  alone  respon- 
sible— the  distinction  between  the  two  cases  growing  out  of 
the  fact  that  the  relation  which  the  party  doing  the  act 
bears  to  the  others  is  different  in  the  one  case  from  the 
other.  In  the  first  his  act  being  within  the  scope  of  the 
business,  he  acts  both  for  himself  and  as  agent  of  the  others ; 
in  the  other  his  act  being  beyond  and  outside  of  the  scope 
of  the  business,  he  acts  for  himself." 

3.  Substitute. — While  a  dentist  is  liable  for  injury  caused 
by  the  malpractice  of  his  assistant,  or  partner,  he  is  not 
liable  for  injury  caused  by  the  malpractice  of  another  dentist 
whom  he  has  recommended  to  the  patient,  the  latter  being 
in  independent  practice,  and  having  no  business  connection 
with  the  former,  and  not  being  employed  by  the  former  as 
his  agent. ^ 

4.  Druggist. — The  dentist  is  not  liable  for  the  negligence 
of  a  druggist,  over  whom  he  has  no  control,  in  filling  a  pre- 
scription.2 

He  is,  however,  liable  for  his  own  negligence  in  giving  a 
wrong  prescription,  and  if  he  has  negligently  given  a  wrong 
prescription,  he  is  not  excused  by  the  fact  that  the  druggist 
was  also  negligent  in  filling  the  prescription,  if  the  prescrip- 
tion was  filled  as  written.^ 

1  Myers  v.  Holborn,  oS  N.  J.  L.  193  (1S95). 
sStretton  D.'Holmes,  19  Ont.,  2S6  (1889). 
3  Murdock  v.  Walker,  43  111.  App.,  590  (1891). 


132  LIABILITY  OF  DENTIST   TO  PATIENT 


EFFECT  OF  CONTRIBUTORY  NEGLIGENCE  OF  PATIENT 

It  is  the  duty  of  the  patient  to  cooperate  with  his  pro- 
fessional adviser,  and  to  conform  to  proper  and  necessary 
treatment;  and  if  he  will  not,  or  under  the  pressure  of  pain 
cannot,  his  neglect  is  his  own  wrong  or  misfortune,  for  which 
he  has  no  right  to  hold  the  practitioner  responsible.^ 

If,  therefore,  the  patient  disobeys  the  reasonable  instruc- 
tions of  the  dentist  he  cannot  recover  damages  even  though 
the  dentist  did  not  exercise  proper  skill  and  care,  if  the 
patient's  disobedience  directly  contributed  to  produce  the 
injury  .2 

But  the  negligence  of  the  patient,  to  bar  recovery,  must 
have  contributed  to  the  injury.  In  McCracken  v.  Smathers^ 
a  patient  sued  a  dentist  for  two  acts  of  malpractice,  (1)  in 
filling  a  tooth  upon  a  live  nerve  without  proper  packing; 
(2)  with  unnecessarily  boring  through  the  jaw  bone  after 
the  patient  had  returned  for  treatment.  The  dentist  in 
defence  set  up  the  contributory  negligence  of  the  patient 
in  not  returning  for  treatment  according  to  his  instructions. 
The  court  said,  in  affirming  a  judgment  in  favor  of  the 
plaintiff,  "  In  any  event  the  alleged  negligence  of  the  plain- 
tiff in  not  returning  within  a  proper  time  could  not  have 
contributed  to  the  second  act  of  malpractice  in  improperly 
boring  into  her  jaw  bone." 

It  is  not  sufficient  to  bar  recovery  that  the  patient  was 
negligent,  if  his  negligence  only  aggravated  the  effects  due 
to  the  malpractice  of  the  dentist,  but  did  not  bring  them 
about  or  conduce  to  them;  such  negligence  of  the  patient 
merely  goes  to  mitigate  the  damages  he  can  recover,  not 
to  bar  a  recovery.* 

1  Shearman  and  Redfield,  Neg.  (2d  ed.),  sec.  615. 
2Hibbard  v.  Thompson,  109  Mass.,  286  (1872). 
3  122  N.  C,  799  (1898). 
*  McCracken  v.  Smathers,  122  N.  C,  799  (1S98). 


EFFECT  OF  RECOVERY  OF  FEE  133 


EFFECT  OF  RECOVERY  OF  FEE 

In  some  States  recovery  by  the  dentist,  in  a  suit  at  law 
for  his  services,  bars  an  action  by  the  patient  for  malpractice 
founded  on  the  same  services.  The  reason  for  this  rule  is 
that  the  patient,  in  the  suit  against  him  for  the  dentist's  fee, 
might  have  defended  in  whole,  or  in  part,  by  showing  that 
in  rendering  the  services  sued  for  the  dentist  had  been 
guilty  of  malpractice.  If  he  omits  to  set  up  this  defence, 
and  a  recovery  is  had  against  him,  he  cannot  afterward 
litigate  the  question  of  malpractice.^ 

In  other  States  it  is  held  that  the  above  rule  applies  only 
when,  in  the  suit  by  the  dentist  for  his  fees,  the  patient 
appears  and  bases  his  defence  on  the  ground  that  in  rendering 
the  service  the  dentist  was  guilty  of  malpractice.  If  the 
patient  does  not  appear  in  answer  to  the  suit  for  services, 
or  appearing,  defends  on  some  other  ground  than  that  of 
the  malpractice  of  the  dentist,  he  is  not  barred  from  subse- 
quently suing  the  dentist  for  malpractice.^ 

The  ground  on  which  these  courts  base  their  ruling  is  well 
set  forth  by  Cole,  C.  J.,  in  the  case  last  cited.  He  says: 
"  The  plaintiff's  claim  for  damages  resulting  from  malpractice 
constitutes  a  separate  and  independent  cause  of  action, 
which  he  can  enforce  without  disturbing  any  matter  litigated 
in  that  case.  He  was  not  compelled  to  make  the  defence 
before  the  justice  that  the  defendant's  services  were  of  no 
value,  in  order  to  save  his  rights.  He  had  his  election  either 
to  recoup  his  damages  pro  tanto  in  the  justice's  court  or  go 
for  his  entire  claim  in  this.  It  seems  to  us  that  this  is  the 
better  and  more  convenient  rule  to  lay  down  upon  the 
subject.  If  the  plaintiff  were  compelled  to  make  his  defence 
in  the  justice's  court,  that  the  professional  services  were  of 
no  value,  and  that  he  had  been  injured  by  the  defendant's 

1  Bellinger  v.  Craigue,  31  Barb.  (N.  Y.),  534  (1S60);  Ely  v.  Wilbur,  49  N.  J.  L.,  6S5 
(1887). 

2  See    Bigelow,    Estoppel    (2d    ed.),    98;    Goble    v.    Dillon,    80    Ind.,    327    (1882); 
Ressequieii.  Bj'ers,  52  Wis.,  650  (ISSl). 


134  LIABILITY  OF  DENTIST  TO  PATIENT 

negligence,  then  it  would  follow  that  he  must  either  split 
up  his  demand,  so  that  there  might  be  two  suits  instead  of 
one  upon  it,  or  content  himself  with  merely  defeating  the 
claim  for  services,  or  limit  his  damages  to  $200,  the  extent  of 
the  jurisdiction  of  the  justice.  We  are  not  inclined  to  adopt 
a  rule  which  would  lead  to  any  inconvenient  consequences." 


PROOF    OF    MALPRACTICE 

When  a  patient  has  brought  suit  against  a  dentist  for 
malpractice,  the  burden  of  proof  is  on  the  patient.  To  estab- 
hsh  his  case  he  must  prove:  (1)  The  duty  of  the  dentist 
to  treat  him  properly,  i.  e.,  that  the  relation  of  dentist  and 
patient  subsisted  between  them.  (2)  That  the  dentist 
neglected  this  duty.  (3)  That  the  patient  suffered  injury. 
(4)  That  the  injury  was  caused  by  the  negligence  of  the 
dentist.  It  is  not  sufficient  to  prove  that  he  was  not  bene- 
fited by  the  treatment,  the  dentist  does  not,  in  the  absence 
of  express  agreement,  undertake  that  his  treatment  will  be 
beneficial.  Nor  can  he  recover  by  showing  merely  that  his 
condition  was  worse  after  treatment  than  before;  the  dentist 
does  not  undertake  that  it  shall  be  better.  He  only  under- 
takes that  he  will  treat  the  patient  with  ordinary  skill, 
care,  and  diligence.  If  he  does  this  he  is  not  ordinarily 
liable  for  the  result. 

While  the  burden  of  proving  negligence  is  on  the  plaintiff, 
he  is  not  required  to  prove  it  beyond  a  reasonable  doubt,  as 
is  the  case  where  the  negligence  is  made  the  basis  of  a  prose- 
cution by  the  State;  but  only  by  a  preponderance  of  the 
evidence.^ 

From  the  nature  of  the  charge  against  the  dentist,  gener- 
ally speaking,  proof  of  his  negligence  can  be  made  only  by 
expert  witnesses.  As  said  by  Johnston,  J.,  in  Pettigrew  v. 
Lewis:-  "Negligence  cannot  be  presumed.  The  mere  fact 
that  the  plaintiff's  eyes  have  been  weak  and  sore  since  the 

1  Wood  V.  Wyeth,  106  N.  Y.  App.  Div.,  21  (1905).  2  46  Kan.,  78  (1891). 


PROOF  OF  MALPRACTICE  135 

operation  was  performed,  does  not  prove  negligence  in  the 
defendants,  nor  establish  a  liability  against  them.  To 
maintain  her  action,  the  plaii\tiff  should  have  offered  the 
evidence  of  skilled  witnesses  to  show  that  the  present 
condition  of  her  eyes  was  the  result  of  the  operation,  and  that 
it  was  unskilfully  and  negligently  performed.  This  evidence 
must,  from  the  very  nature  of  the  case,  come  from  experts, 
as  other  witnesses  are  not  competent  to  give  it,  nor  are 
juries  supposed  to  be  conversant  with  what  is  peculiar  to 
the  science  and  practice  of  the  profession  of  medicine  and 
surgery  to  that  degree  which  will  enable  them  to  dispense 
with  all  explanations. 

"The  question  whether  a  surgical  operation  has  been 
unskilfully  performed  or  not  is  one  of  science,  and  is  to  be 
determined  by  the  testimony  of  skilful  surgeons  as  to  their 
opinion,  founded  either  wholly  on  an  examination  of  the 
part  operated  upon,  or  partly  on  such  examination  and 
partly  on  information  derived  from  the  patient;  or  partly 
on  such  examination,  partly  on  such  information,  and  partly 
on  facts  conceded  or  proved  at  the  trial.  McClelland, 
Civil  Malpractice,  304. 

"It  would  have  been  easy  for  the  plaintiff  to  have  sub- 
mitted to  an  examination  by  an  experienced  physician  or 
oculist  capable  of  determining  whether  the  condition  of 
her  eyes  was  the  result  of  the  operation,  and  whether  that 
operation  was  performed  with  reasonable  skill  and  care. 
Cases  may  arise  where  there  is  such  gross  negligence  and 
want  of  skill  in  performing  an  operation  as  to  dispense  with 
the  testimony  of  professional  witnesses,  but  not  so  in  the 
present  case.  It  is  not  conceded  or  proved  that  the  weakness 
of  her  eyes  had  materially  resulted  from  the  operation;  and 
even  if  it  was,  the  questions  would  still  arise:  Was  she  in 
fit  physical  condition  to  undergo  the  operation?  Did  the 
defendants,  before  beginning  the  operation,  make  a  due 
examination  to  determine  her  condition  and  the  necessity 
of  an  operation?  Was  the  operation  performed  in  a  careful 
and  skilful  manner?  What  was  the  standard  of  professional 
skill  and  scientific  knowledge  required  of  these  men  in  that 


136  LIABILITY  OF  DENTIST  TO  PATIENT 

locality?  Was  the  after-treatment,  and  were  the  directions 
given  for  the  subsequent  care  of  the  eye,  such  as  would 
meet  the  approval  of  the  profession  in  its  present  advanced 
condition?  If  a  mistake  was  made,  was  it  a  case  of  reason- 
able doubt  or  uncertainty,  or  a  mere  error  in  judgment  for 
which  there  is  no  responsibility?  It  was  the  duty  of  the 
defendants  'to  exercise  ordinary  care  and  skill';  and  this 
being  a  duty  imposed  by  law,  it  will  be  presumed  that  the 
operation  was  carefully  and  skilfully  performed,  in  the 
absence  of  proof  to  the  contrary.  As  all  persons  are  pre- 
sumed to  have  duly  performed  any  duty  imposed  on  them 
negligence  cannot  be  presumed,  but  must  be  affirmatively 
proved.  This  principle  is  specially  applicable  in  suits 
against  physicians  and  surgeons  for  injuries  sustained  by 
reason  of  alleged  unskilful  and  careless  treatment.  The 
State  V.  Housekeeper,  70  Md.,  171." 

The  injury  may  be  of  such  a  nature,  however,  as  itself  to 
show  negligence,  at  least  iDrima  facie.  In  such  a  case  the 
burden  of  disproving  negligence  is  on  the  dentist.  In 
Shockley  v.  Tucker^  the  patient  was  severely  burned  by 
.T-rays  while  undergoing  treatment  for  appendicitis.  In  an 
action  against  the  surgeon  for  malpractice,  the  court  said, 
"We  think  the  fact  that  plaintiff  was  severely  burned  is 
some  evidence  in  itself  that  the  treatment  was  improper." 

When  sued  for  malpractice  the  dentist  should  go  to  the 
trial  prepared  both  by  his  own  knowledge  and  the  evidence 
of  experts  to  disprove  the  charge  of  negligence.  Many 
verdicts  have  gone  against  practitioners  for  lack  of  this 
precaution.  Is  the  charge  founded  on  the  infection  of  the 
plaintiff  by  the  use  of  unsterilized  instruments?  It  may  be 
met  not  only  by  proof  that  the  instruments  were  sterilized 
but  also  by  raising  a  doubt  in  the  minds  of  the  jurors  whether, 
even  though  unsterilized  instruments  were  used,  the  patient 
did  not  become  infected  by  his  owai  negligence  or  failure  to 
obey  instructions.  Is  the  basis  of  the  charge  injury  due 
to  medicine  prescribed?  The  dentist  should  be  prepared  to 
testify  as  to  the  ingredients  of  the  medicine,  and  its  effect. 

1  127  Iowa,  456  (1905). 


DAMAGES  FOR  MALPRACTICE  137 


DAMAGES    FOR    MALPRACTICE 

The  damages  recoverable  in  an  action  against  a  dentist 
for  malpractice  may  be:  (1)  Nominal;  (2)  compensatory; 
or  (3)  punitive.  Nominal  damages  are  awarded  by  the  jury 
where  negligence  of  the  dentist  has  been  proved  but  it  is 
impossible  to  distinguish  between  the  consequences  of  the 
malpractice  and  the  consequences  of  the  trouble  the  dentist 
was  treating.  Nominal  damages  are  usually  computed  at 
six  cents. ^ 

Compensatory  damages  are  damages  designed  to  compen- 
sate the  patient  for  the  injury  suffered  by  the  maltreatment 
of  the  dentist.  They  are  measured  by  the  loss  or  injury 
to  the  plaintiff  directly  and  naturally  resulting  from  the 
dentist's  fault  or  negligence,  not  alone  by  such  loss  or 
injury  as  an  ordinary  man  might  have  expected  would 
follow  from  the  negligence.^ 

In  estimating  the  damages  suffered  by  the  patient  the 
jury  should  take  into  consideration  all  the  circumstances 
of  the  case,  the  pecuniary  loss,  resulting  from  inability  to 
labor,  the  bodily  and  mental  suffering,  loss  of  time,  actual 
expenses  incurred  by  the  patient,  the  ephemeral  or  permanent 
character  of  the  injury,  and  the  circumstances  of  the  injured 
party;  and  award  the  patient  such  a  sum  of  money  as  will 
compensate  him  for  what  he  has  suffered;  or  will  suffer  as  the 
result  of  the  dentist's  maltreatment.^ 

Punitive,  or  exemplary,  damages  are  given  by  way  not 
only  of  compensation  to  the  patient,  but  of  punishment  to 
the  dentist.  The  jury  may  properly  award  them  when  the 
dentist  in  treating  his  patient  has  been  guilty  of  gross  negli- 
gence amounting  to  reckless  indifference,  or  where  the  manner 
of  treatment  shows  an  evil  motive  toward  the  patient. 

The  doctrine  of  exemplary  damages  is  well  illustrated  by 
the  case  of  Mandeville  v.  Courtright.^     The  defendants  in 

>  Becker  v.  Janinski,  15  N.  Y.  Supp..  675  (1S91). 

2  Challis  V.  Lake,  71  N.  H.,  90  (1901).  3  30  Cj^c.,  1590. 

*  142  Fed.,  97  (1905). 


138  LIABILITY  OF  DENTIST  TO  PATIENT 

this  case  were  stockholders  and  officers  of  a  dental  company 
incorporated  in  New  Jersey.  They  conducted  in  Pennsyl- 
vania in  the  name  of  the  corporation,  dental  offices  in  viola- 
tion of  the  laws  of  the  latter  State.  The  plaintiff  in  ignor- 
ance of  the  existence  of  such  a  corporation,  and  supposing 
that  she  was  in  the  hands  of  licensed  dentists  submitted  to 
an  operation  by  an  authorized  employee  of  the  establish- 
ment, who  performed  the  work  so  negligently  as  to  fracture 
the  plaintiff's  jaw  bone.  In  a  suit  for  malpractice  the  jury 
rendered  a  verdict  in  favor  of  the  plaintiff  for  $4000,  whereof 
they  reported  that  the  sum  of  $1500  was  assessed  as  punitive 
damages.  The  Circuit  Court  of  Appeals  sustained  the 
verdict,  saying:  "With  reference  to  the  matter  of  exem- 
plary damages  little  need  be  said  .  .  .  There  was 
evidence  that  the  operator  upon  the  plaintiff's  jaw  was 
unlicensed  as  a  dentist.  The  operation  itself  called  for 
experience,  knowledge,  and  skill.  These  the  person  who 
operated  seemed  to  have  lacked.  It  was  a  great  wrong 
to  the  plaintiff  and  a  reckless  indifference  to  her  welfare  to 
put  her  in  the  hands  of  such  an  incompetent  person.  More- 
over, the  evidence  justified  a  finding  by  the  jury  that  he 
acted  with  reckless  disregard  of  the  consequences  to  the 
plaintiff  in  extracting  from  her  jaw  what  he  supposed  to  be 
a  root  or  piece  of  process,  but  what  was  in  fact  a  portion 
of  her  jaw  bone.  We  think  that  the  facts  disclosed  by  the 
evidence  fully  justified  the  jury  in  awarding  to  the  plaintiff 
exemplary  damages." 


STATUTE   OF  LIMITATIONS 

In  some  States  there  are  statutes  of  limitation  expressly 
applicable  to  actions  for  malpractice.  In  those  States  if 
the  patient  does  not  bring  suit  within  the  time  prescribed 
by  the  statute  he  cannot,  of  course,  recover.  In  most 
States  there  is  no  statute  expressly  applicable  to  actions  for 
malpractice.  In  these  States,  however,  there  are  statutes  of 
limitations  applying  to  actions  for  breach  of  contract  and 


STATUTE  OF  LIMITATIONS  139 

sometimes  a  different  statute  applying  to  actions  of  tort. 
As  a  patient  may  ground  his  suit  for  malpractice  either  on 
the  breach  of  the  contract  of  the  dentist  to  treat  him  with 
care  and  skill,  or  may  ground  it  on  negligence,  what  period 
of  limitation  will  apply  will  depend  on  the  remedy  chosen 
by  the  plaintiff.  The  statutes  in  the  different  States  vary 
in  the  length  of  time  they  prescribe  within  which  the  action 
must  be  brought. 

As  a  general  rule  the  statute  begins  to  run  against  the 
claim  of  the  patient  from  the  time  of  the  breach  of  the  con- 
tract, or  the  negligence,  of  the  dentist.^  If  the  malpractice  is 
continuous  it  has  been  held  that  the  cause  of  action  becomes 
complete  when  the  practitioner  relinquishes  the  case,  and 
that  the  statute  begins  to  run  from  that  date.^ 

In  the  case  cited  the  defendant  had  performed  an  oper- 
ation for  appendicitis  on  the  plaintiff  and  had  left  a  sponge 
in  the  patient's  abdominal  cavity.  The  wound  did  not  heal 
and  the  physician  continued  to  treat  the  patient  for  a  year. 
Later  he  dismissed  her  and  refused  to  treat  her  further. 
The  defendant  claimed  that  the  cause  of  action  of  the  plain- 
tiff accrued  when  the  operation  was  performed,  and  that  the 
statute  began  to  run  against  the  plaintiff's  claim  for  damages 
from  that  day.  The  court  held,  however,  that  the  statute 
did  not  begin  to  run  until  the  day  on  which  the  physician 
severed  his  professional  relation  wdth  the  plaintiff'.  The 
court  said:  "We  have  seen  that  it  was  a  continuous  obliga- 
tion and  recognized  by  the  law,  and  it  was  alive  and  binding 
so  long  as  the  relation  of  physician  and  patient  subsisted. 
If  so,  it  was  the  ever-present  duty  of  the  surgeon  to  remove 
the  sponge  from  the  body  of  the  patient.  It  was  a  constant 
and  daily  obligation  to  use  ordinary  skill  and  care,  and  if  by 
omission  and  negligence  he  had  left  a  foreign  substance 
within  the  walls  of  the  incision  at  the  operation,  it  behooved 
him  to  afford  timely  relief.  Neglect  of  this  duty  imposed 
by  a  continuous  obligation  was  a  continuous  and  daily 
breach  of  the  same,  and  as  the  facts  show,  caused  continuous, 
increasing,  daily  and  uninterrupted  injury." 

1  25  Cyc,  lllG.  2  Gillette  f.  Tucker,  67  Ohio  St.,  lOG  (1902). 


CHAPTER    VII 

LIABILITY  OF  THE  DENTIST  TO  THE  STATE 
LIABILITY  FOR  ILLEGAL  PRACTICE 

1.  In  General. — The  statutes  regulating  the  practice  of 
dentistry  usually  provide  that  it  shall  be  a  misdemeanor  to 
practise  dentistry  without  complying  with  the  provisions 
of  the  statutes  as  to  license,  registry,  etc.  Under  these 
statutes  it  is  immaterial  how  well  qualified  a  person  is  to 
practise  from  the  point  of  view  of  the  profession;  if  he  has 
not  strictly  complied  with  the  law  of  the  State  in  which  he 
attempts  to  practise,  he  is  liable  to  criminal  prosecution, 
and  paj'ment  of  a  fine  ranging  from  twenty  to  five  hundred 
dollars,  and  in  some  cases  to  both  fine  and  imprisonment. 

By  the  statutes  in  some  States  not  only  is  the  person  prac- 
tising liable  to  the  punishment  provided  by  the  law  if  he 
fails  to  register  his  license  when  and  where  he  begins  to 
practise,  but  he  is  likewise  liable  if  he  afterward  removes 
into  another  county  of  the  same  State  and  there  practises, 
or  even  if  while  still  practising  where  he  is  registered  he 
"practises"  in  any  other  county. 

The  crime  defined  by  the  statute  is  "practising,"  without  a 
license,  or  without  registration.  Where  the  statute  requires 
as  a  prerequisite  to  the  right  to  practise  both  a  license  and 
registration,  the  same  acts  that  would  make  the  dentist 
liable  for  practising  without  a  license  would  seem  to  render 
him  liable  where  he  has  not  registered  a  license  issued  to 
him.  The  legislature  has  the  right  to  define  what  is  "prac- 
tising," and  many  of  the  statutes  specifically  state  what 
acts  constitute  "practising."  For  example,  the  statute  in 
California  provides:  "Any  person  shall  be  understood  to  be 
practising  dentistry  who  shall  for  a  fee,  salary,  or  reward. 


LIABILITY  FOR  ILLEGAL  PRACTICE  141 

paid  directly  or  indirectly,  either  to  himself,  or  some  other 
person,  performs  an  operation  of  any  kind  upon  the  human 
jaws  or  teeth. "^ 

Of  course,  where  the  statute  sets  out  the  acts  constituting 
practice,  any  person  who  does  those  acts  without  having 
complied  with  the  requirements  of  the  law  entitling  him  to 
practise  at  that  time  and  place,  is  liable  to  the  punishment 
imposed  by  the  statute.  The  extent  of  the  work  done,  or 
time  consumed  in  doing  it,  is  immaterial. 

In  State  v.  Littoo\'"  the  defendant  was  indicted  for  prac- 
tising without  a  license  under  the  statute  defining  practice 
as  "performing  operations  or  parts  of  operations,  treating 
diseases  or  lesions  of  the  human  teeth  or  jaws."  The  facts 
proved  were  that  the  defendant  filled  a  cavity  in  the  tooth 
of  a  person,  and  that  he  was  occupied  about  twenty  minutes 
in  the  work.  The  supreme  court  affirmed  a  conviction.  In 
State  V.  Sexton^  a  conviction  under  the  same  statute  was 
affirmed  where  the  proof  showed  that  the  defendant  cleaned 
a  patient's  teeth,  removed  tartar  therefrom,  and  made  an 
examination  for  the  purpose  of  estimating  the  cost  of  further 
treatment. 

Under  a  statute  making  it  a  misdemeanor  "for  anyone  to 
practise  dentistry  .  .  .  without  being  registered,"  etc.,  it  was 
held,  in  P^'erner  v.  State*  that  the  defendant  could  be  convicted 
on  proof  showing  that  he  leased  and  occupied  rooms  for 
several  months  for  the  declared  purpose  of  practising  den- 
tistry; that  he  had  done  dental  work  for  three  or  more 
persons;  that  at  times  he  engaged  in  filling  teeth,  and  at 
other  times  did  work  at  the  bench. 

A  provision  is  contained  in  some  of  the  statutes  allowing 
an  unlicensed  student  of  a  licensed  dentist  to  assist  his 
preceptor  in  dental  operations  while  in  his  presence  and 
under  his  supervision.  A  student,  in  order  to  claim  the 
exemption  thus  allowed  from  the  penalty  of  practising 
without  a  license,   must  bring  himself  clearly  within  the 

1  People  V.  Furtch,  110  Pac.  (Cal.),  S23  (1910). 

2  (Wash.),  100  Pac,  170  (1909).  3  37  Wash.,  110  (1905). 
*   151  Ind.,  217  (189S). 


142      LIABILITY  OF  THE  DENTIST  TO  THE  STATE 

terms  of  the  exemption;  he  must  show  not  only  that  he  was 
a  registered  student  of  a  Hcensed  dentist,  but  that  the  opera- 
tions performed  by  him  were  performed  under  the  super- 
vision of  his  preceptor.  Where  there  is  no  such  provision 
exempting  an  unHcensed  student,  he  is  hable  for  practising 
without  a  hcense  even  though  all  the  work  he  does  is  done 
under  the  immediate  supervision  of  a  preceptor.^ 

It  has  been  held,  however,  that  under  an  act  making  it 
a  misdemeanor  to  "engage  in  the  practice  of  dentistry," 
without  a  license,  but  not  defining  the  terms  "practice  of 
dentistry,"  a  person  employed  in  the  office  of  a  licensed 
dentist,  but  himself  without  a  license,  could  not  be  con- 
victed, on  proof  showing  that  on  one  day  he  placed  cotton 
in  a  tooth  of  a  patient,  and  on  a  later  day  filled  this  tooth, 
collecting  a  fee  of  $1.50,  not  for  himself  but  for  the  pro- 
prietor of  the  office.  The  court  said:  "The  practice  of 
dentistry  is  the  practice  of  the  art  or  profession  of  a  dentist. 
Engaging  in  the  practice  of  dentistry  without  a  license  is 
made  a  crime  by  the  law.  .  .  The  theory  of  this  prosecu- 
tion is  that  an  unregistered  assistant  or  student  of  a  licensed 
dentist  cannot  perform  a  single  dental  operation  without  be- 
coming liable  under  the  act.  .  .  'To  engage  in  the  practice 
of  dentistry'  means  vastly  more  than  is  embraced  in  the  charge 
of  'performing  a  dental  operation.'  The  latter  might  easily 
be  done  without  the  operator's  'engaging  in  the  practice  of 
dentistry'  in  the  sense  used  in  the  statute.  And  a  man  might 
engage  in  the  practice  of  dentistry  before  he  had  performed 
a  single  dental  operation.  'Engaging  in  the  practice  of 
dentistry'  and  'performing  a  dental  operation'  cannot  be 
the  same  thing,  if  we  are  to  attach  to  these  expressions,  as 
we  must,  the  meaning  which  standard  lexicographers  give 
to  the  words  composing  the  phrase  used  in  the  statute  as 
descriptive  of  this  crime.  It  is  utterly  impossible  that  the 
charge  of  'performing  a  dental  operation,  or  two  operations' 
embraces,  in  legal  effect  or  grammatical  sense,  the  offence 


1  Board  of  Dentistry  v.  Terry,  73  N.  J.  L.,  156  (1905);  State  v.  Reed,  68  Ark.,  331 
(1900). 


LIABILITY  FOR  ILLEGAL  PRACTICE  143 

prohibited  in  this  iVct.  A  blacksmith  or  a  joiner  might  pull 
an  aching  tooth  for  a  neighbor,  but  we  would  hardly  say 
that  he  was  engaged  in  the  practice  of  dentistry,  although 
we  could  say  with  entire  accuracy  that  he  had  performed  a 
dental  operation.  A  mother  who  saturates  a  bit  of  cotton 
with  camphor  and  crowds  it  into  the  hollow  of  an  aching 
tooth  of  her  child  is  performing  a  dental  operation,  but  no 
one  could  properly  say  that  she  was  engaged  in  the  practice 
of  dentistry  within  the  meaning  of  this  Act,  and  therefore 
liable  to  be  arrested  and  prosecuted  as  a  criminal  for  this 
motherly  act. 

"A  young  man  may  be  preparing  to  enter  the  dental  pro- 
fession but  he  cannot,  within  the  meaning  of  the  statute,  be 
said  'to  engage  in  the  practice  of  dentistry'  until  he  embarks 
in  it,  until  he  holds  himself  out  as  a  dentist,  either  by  a  series 
of  continuous  acts,  covert  or  open,  or  by  advertising  himself 
in  some  way  as  a  dentist  or  as  a  doctor  of  dental  surgery. 
If  he  hold  himself  out  to  the  public  as  a  duly  qualified 
dentist,  embarked  in  the  profession,  and  offers  to  practise 
as  such,  this  would  be  engaging  in  the  practice  of  dentistry 
within  the  true  sense  and  meaning  of  this  Act,  even  though 
his  first  patient  had  not  yet  called. 

"  Had  the  legislature  really  intended  to  make  it  a  crime  to 
perform  any  dental  operation  without  a  license,  it  could  and 
would  have  found  language  to  express  that  intention  with 
clearness  and  certaint3^  It  had  no  difficulty  in  expressing 
that  intention  clearly  in  the  Act  relating  to  the  practice  of 
medicine,  passed  at  the  same  session.  Public  Acts  of  1907, 
p.  640,  Chap.  82,  sec.  1.  In  that  x\ct  it  is  expressly  provided 
that  'no  person  shall  treat,  operate,  or  prescribe  for  any 
injury,  deformity,  ailment,  or  disease,  actual  or  imaginarj'^, 
of  another  person,  .  .  .  until  he  has  obtained  such  a 
certificate  of  registration'  as  the  statute  provides  for.  There 
is  no  such  clear  and  explicit  language  as  this  to  support  the 
public  prosecutor's  contention  that  this  act  makes  it  a  crime 
to  perform  a  dental  operation  without  a  license.  Had  the 
legislature  anticipated  the  case  now  before  the  court,  it  per- 
haps would  have  employed  in  this  statute  expressions  pro- 


144     LIABILITY  OF   THE  DENTIST   TO   THE  STATE 

hibitory  of  the  act  which  this  defendant  is  being  prosecuted 
for.  Such  expressions,  however,  do  not  appear  there,  and 
this  statute  therefore  has  not  been  violated.  The  informa- 
tion does  not  charge  any  offence  under  the  Act  in  question, 
hence  the  demurrer  should  have  been  sustained  upon  that 
ground." 

Many  of  the  statutes  define  the  practice  of  dentistry  in 
the  words  "correct  malpositions  of  the  teeth  or  jaws." 
Under  such  a  statute  one  who  takes  an  impression  for  a 
plate  is  guilty  of  "practising  dentistry"  since  that  act  "was 
for  the  purpose  of  correcting  a  malposition  of  the  jaw  by 
inserting  a  tooth  in  place  of  one  removed."^ 

If  the  statute  forbidding  the  practice  of  dentistry  without 
a  license  does  not  require  the  receipt  of  a  fee  as  an  element 
of  the  crime,  it  is  not  necessary  for  the  State  to  prove,  in 
order  to  convict,  that  the  dentist  received  compensation  for 
the  work  done  by  him.- 

Under  some  statutes  it  is  necessary  in  order  to  convict  one 
of  practising  to  prove  that  some  fee  or  reward  was  received 
for  the  work  done.  On  a  prosecution  under  such  a  statute 
it  is  not  necessary  to  prove  that  a  separate  fee  was  charged 
for  any  specific  act  done,  it  is  sufficient  to  show  tliat  a  fee 
was  charged  and  collected  for  a  series  of  acts  in  violation 
of  the  provisions  of  the  law,  and  that  the  act  complained  of 
was  one  of  the  series.  Nor  is  it  necessary  to  show  that  the 
payment  for  the  services  was  made  after  the  services  were 
performed.^ 

On  a  trial  for  practising  without  a  license  the  defendant 
cannot  excuse  himself  by  showing  that  he  was  entitled  to  a 
license  from  the  board  of  examiners,  and  that  such  license 
had  been  wrongfully,  dishonestly,  and  fraudulently  withheld 
from  him.'* 

When  the  statute  makes  it  a  prerequisite  to  practise  that 
the  applicant  file  a  statement  that  he  had  been  entitled  to 

1  State  V.  Thompson  (Wash.),  94  Pac,  667  (1908) :  see  also  State  v.  Newton  (Wash.), 
81  Pac,  1002  (1905). 

2  See  state  v.  Hale,  15  Mo.,  606  (1847).  ^  gtate  v.  Brown,  37  Wash.  106  (1905). 
4  Ibid. 


LIABILITY  FOR  ILLEGAL  PRACTICE  145 

practise  bpfore  the  act  was  passed,  showing  his  name,  resi- 
dence, date  of  commencing  practice,  etc.,  and  the  statement 
he  files  does  not  show  when  he  commenced  to  practise,  he 
cannot  on  an  indictment  for  practising  illegally,  excuse 
himself  on  the  ground  that  the  proper  officers  did  not  perform 
their  duties. 

Where  a  statute  requires  a  statement  to  be  filed  with  a 
designated  officer  stating  certain  facts,  a  person  indicted 
for  practising  illegally  cannot  defend  by  showing  that  he 
filed  a  statement  with  another  officer,  stating  some  but  not 
all  of  the  facts  required  by  the  law.  Nor  that  the  officer 
with  whom  he  should  have  filed  his  statement  did  not  furnish 
him  with  blanks  as  required  by  law.^ 

On  an  indictment  for  practising  without  a  license  it  is  no 
defence  that  the  patient  requested  the  dentist  to  perform 
the  dental  work  for  the  doing  of  which  he  is  indicted.- 

Some  statutes  provide  that  it  shall  be  unlawful  for  any 
person  to  practise  under  the  name  of  any  company,  or  cor- 
poration, excepting  those  who  have  been  in  actual  business 
for  fifteen  years.  Under  this  statute  it  has  been  held  that 
it  was  unlawful  for  a  dentist  to  practise  under  the  name  of 
any  company  though  he  had  been  entitled  to  practise  for 
fifteen  years,  unless  the  company  had  been  in  business  under 
one  name  for  fifteen  years,  and  the  dentist  has  been  in  its 
employment  under  such  name  for  fifteen  years.^ 

It  has  been  held  that  the  word  "person"  in  the  English 
Dentists  Act  does  not  include  a  corporation  or  company, 
and  that  a  company  cannot  be  convicted  under  the  act  for 
assuming  a  name  which  includes  the  words  "surgeon  den- 
tists."* But  if  a  company  use  the  word  "dentist"  or  its 
equivalent  in  such  a  manner  as  to  amount  to  a  false  repre- 
sentation, calculated  to  induce  the  public  to  belie^'e  that  the 
persons  whom  it  comprises  or  employs  are  qualified  dentists, 

1  State  V.  Hicks,  143  N.  C,  689  (1907). 

2  State  V.  Littooy,  100  Pac.  (Wash.),  170  (1909). 

3  Hodgen  v.  Commonwealth,  142  Ky..  722  (1911). 

4  O'Duffy  V.  Jaffe,  (1904)  (Ireland),  2  1.  R.,  27. 

10 


146     LIABILITY  OF  THE  DENTIST  TO   THE  STATE 

it  may  be  restrained  from  so  doing  by  an  injunction  at  the 
suit  of  the  Attorney-General.^ 

2.  Liability  for  Practising  under  a  False  Pretence. — We 
have  seen  that  the  duties  and  obhgations  of  the  dentist  to  a 
patient  do  not  arise  until  the  relation  is  established.  That 
the  display  of  a  name-plate  or  sign,  or  the  opening  of  an 
office,  places  him  under  no  obligation  to  accept  any  person 
as  a  patient. 

Some  statutes,  however,  make  it  an  indictable  offence  for 
an  unqualified  person  to  use  the  title  "dentist"  or  "dental 
practitioner,"  or  any  "name,  title,  addition,  or  description 
implying  that  he  is  registered,  or  that  he  is  a  person  cfualified 
to  practise  dentistry."  Under  such  statutes  it  is  not  neces- 
sary to  a  conviction  that  a  person  use  his  own  name  in 
connection  with  a  description  implying  that  he  is  a  registered 
dentist.  Thus  in  Panhaus  v.  Brown^  an  unqualified  dentist 
was  indicted  under  the  English  Dental  Act,  which  contains 
a  provision  such  as  is  mentioned  above.  The  evidence  was 
that  the  defendant  was  the  sole  director  and  manager  of  a 
joint  stock  company  chartered  as  the  "West  Central  Dental 
Institute,  Limited,"  and  that  the  name  of  the  company 
appeared  on  the  plate  at  his  office,  but  the  name  of  the 
dentist  did  not  appear  on  the  door-plate  or  elsewhere  on  the 
premises.  There  was  no  evidence  that  any  one,  other  than 
the  defendant,  practised  dentistry  on  the  premises.  The 
defendant  did  so  practise.  The  court  of  King's  Bench 
affirmed  a  conviction  of  the  defendant. 

Statutes  in  some  jurisdictions  make  it  an  offence  for  any 
person  not  a  registered  dentist  to  "use  or  have  attached  to 
or  exhibited  at  his  place  of  business  or  residence  .  .  . 
any  name,  title,  words,  letters,  addition,  or  description 
implying  or  tending  to  the  belief  that  he  .  .  .  is  quali- 
fied to  practise  dentistry,  or  is  carrying  on  the  practice  of 
dentistry." 

On  a  prosecution  of  one  L  under  such  a  statute  it  appeared 

1  Attorney-General  ?).  Mj-ddletons,    (1907)    (Ireland),   1   Ir.,  471;  Attorney-General 
V.  Smith  (1909),  (Eng.),  2  Ch.,  524. 

2  68  J.  P.  (Eng.),  43.5  (1904). 


LIABILITY  FOR  ILLEGAL  PRACTICE  147 

that  L,  who  was  not  a  registered  dentist,  practised  dentistry 
in  a  house  in  the  city  of  V,  outside  of  which  were  displayed 
various  signs,  one  of  them  being  "D.  Dentist,"  and  another 
"Teeth  extracted."  D  was  a  registered  dentist  but  was 
absent  from  V.  L's  name  did  not  appear  on  any  of  the  signs, 
but  he  was  the  only  person  who  at  the  time  practised  den- 
tistry in  the  house.  The  High  Court  of  Australia  held  that 
L  was  properly  convicted  of  the  offence  created  by  the 
statute,  notwithstanding  that  in  reply  to  questions  put  to 
him  by  persons  visiting  the  house  and  asking  for  D,  L  said 
that  D  was  absent,  that  his  own  name  was  L,  and  that  he 
acted  for  D  and  was  carrying  on  the  business  for  D.^ 

Aside  from  any  statutory  provisions  punishing  practice 
under  an  assumed  name  or  degree,  a  person  will  be  liable  to 
indictment  under  the  general  law  against  obtaining  money 
under  false  pretences  if,  by  a  false  pretence  of  an  existing 
or  past  fact  he,  Avith  intent  to  defraud,  procures  mone}'  from 
another.  The  punishment  for  this  crime  is  fine,  imprison- 
ment, or  both. 

To  render  the  dentist  liable  for  the  crime  of  obtaining 
money  under  a  false  pretence,  the  false  pretence  or  statement 
must  be  of  an  existing  or  past  fact.  A  false  promise  is  not 
sufficient.  If  a  dentist  should  say  to  a  patient,  "  If  3'ou  will 
allow  me  to  treat  you,  I  will  cure  you,"  and  the  patient 
relying  on  this  statement  should  suffer  the  treatment,  and 
pay  therefor,  the  dentist  would  not  be  indictable  for  obtain- 

'  Joske  V.  Lubrano  (Victoria), 4 C.L.  R.,71  (1906).  It  is  held  in  England,  construing 
section  3  of  the  Enghsh  Act  forbidding  any  person  to  use  any  name,  title,  etc., 
implying  that  he  is  a  person  specially  qualified  to  practise  dentistry,  unless  he  is 
registered;  that  the  words  "specially  qualified"  to  practise  dentistry  refer  to  a 
Qualification  by  diploma,  certificate,  or  other  hall  mark,  and  not  to  competence  or 
skill;  and  that,  therefore,  one  who  being  unlicensed  puts  up  on  his  premises  a  notice 
containing  his  name  followed  by  the  words:  "Finest  artificial  teeth.  Painless  extrac- 
tion. Mr.  X  attends  here";  was  not  guilty  of  a  breach  of  the  Act.  Bellerby  v.  Hey- 
worth  (1910),  Appeal  Cases,  377  [overruling  Barnes  J).  Brown  (1909),  1  K.  B., 38  (1908)]; 
see  also  Byrne  v.  Rogers,  (1910)  2  Jr.,  R.,  220.  In  a  later  case  the  defendant  went 
farther.  He  advertised  his  business  as  follows:  "English  and  American  Dentistry. 
Painless  E.xtraction.  Consultation  and  advice  free.  Minter  &  Snow,  Dental  Institute, 
No.  213  Richmond  Road,  Twickenham.  Hours,  9  a.m.  to  S  p.  m."  On  appeal  to  the 
House  of  Lords,  it  was  again  held  that  the  defendant  had  not  used  any  words  forbidden 
by  the  Act.    Minter  v.  Snow,  74  J.  P.,  258  (1910). 


148     LIABILITY  OF  THE  DENTIST  TO   THE  STATE 

ing  the  patient's  money  by  a  false  pretence,  even  though  the 
dentist  knew  at  the  time  he  made  the  statement  that  he 
could  not  cure  the  patient,  and  made  it  for  the  purpose  of 
defrauding  the  patient.  His  statement  related  to  the  future, 
not  to  the  present  or  past.  If,  however,  the  dentist  said: 
"1  have  cured  X  of  the  same  trouble;"  or  "I  can  cure  you," 
and  this  statement  was  made  knowing  that  it  was  false, 
and  with  the  intent  to  defraud,  and  the  patient  was  de- 
frauded thereby,  the  dentist  would  be  guilty  of  this  crime, 
for  his  statement  "I  have  cured  X"  relates  to  the  past;  and 
his  statement  "I  can  cure  you"  is  a  statement  of  his  present 
ability. 

3.  Liability  for  Practising  after  Revocation  of  License. — The 
statutes,  as  a  rule,  provide  for  the  revocation  of  the  license 
in  certain  events.  As  we  have  seen  elsewhere  a  license  once 
granted  cannot  be  revoked  without  an  opportunity  to  the 
holder  to  be  heard  in  his  own  defense.^ 

While  the  statutes  generally  make  it  a  crime  to  practise 
without  first  obtaining  a  license  or  certificate,  they  do  not 
generally,  in  terms,  provide  that  one  whose  license  has  been 
revoked  shall  be  guilty  of  a  crime  if  after  the  revocation  he 
knowingly  continues  to  practise.  It  would  seem  in  reason, 
however,  that  such  person  should  be  in  the  same  position 
as  though  he  never  had  had  a  license.  Under  a  rule  of  the 
criminal  law,  however,  that  penal  statutes  shall  be  strictly 
construed,  that  is,  construed  in  favor  of  one  accused  of  a 
crime,  it  has  been  held  that  where  the  statute  did  not  in 
terms  make  it  a  criminal  offence  to  practise  after  a  license 
had  been  revoked,  such  practice  was  not  indictable. 

In  Ex  parte  McNulty^  the  statute  provided  that  no  person 
should  practise  medicine  who  had  not  obtained  a  certificate 
from  a  board  of  examiners.  The  statute  also  provided  that 
the  certificate  might  be  revoked  by  the  board  for  "unpro- 
fessional conduct."  The  statute  further  provided  that  any 
person  practising  medicine  in  the  State  without  having  first 
secured  a  certificate  so  to  do  from  the  board  should  be  guilty 

1  See  ante  p.  38.  2  77  Cal.,  164  (1888). 


LIABILITY  FOR  ILLEGAL  PRACTICE  149 

of  a  misdemeanor.  X,  a  physician,  had  secured  a  certificate 
from  the  board;  later  the  board  revoked  his  certificate  for 
what  it  deemed  unprofessional  conduct.  X  continued, 
nevertheless,  to  practise.  He  was  indicted  for  so  doing,  and 
convicted.  The  court  of  appeal  reversed  the  conviction 
saying,  "Nothing  is  declared  in  this  act  to  be  a  crime 
except  practising  'without  first  having  procured  a  certificate.' 
Practising  after  an  order  of  the  board  revoking  the  certificate 
for  unprofessional  conduct  is  not  declared  to  be  a  crime, 
and  no  penalty  is  attached  to  it." 

A  similar  case  has  arisen  in  Illinois.^  In  this  case  the 
court  said:  "The  only  penal  clause  in  the  statute,  under 
which  plaintiff  in  error  was  convicted,  and  which  is  at  all 
applicable  to  the  case,  is  in  these  words:  'Any  person 
practising  medicine  or  surgery  in  this  State  without  com- 
plying with  the  provisions  of  this  act,  shall  be  punished,' 
etc.  The  case  shows  that  plaintiff  in  error  had  complied 
with  each  of  those  requirements.  But  it  appears  that  some 
three  years  thereafter  said  board  passed  an  order  purporting 
to  revoke  such  certificate  or  act  of  certification  of  plaintift"s 
diploma.  The  whole  stress  of  this  case  rests  upon  that 
circumstance.  Counsel  for  the  prosecution  maintain  that, 
by  the  tenth  section  of  the  act,  the  board  wa^  vested  with  the 
power  to  revoke  any  certificates  it  had  made.  That  section 
says,  the  board  may  refuse  certificates  to  individuals  guilty 
of  unprofessional  or  dishonorable  conduct,  and  they  may 
revoke  licenses  for  like  causes.  And  they  say  that  the  effect 
of  such  revocation  was  the  same  as  if  the  plaintiff  in  error 
had  never  had  any  such  certification  of  his  diploma." 

The  statute  prescribes  no  such  effect.  Indeed,  it  is  wholly 
silent  as  respects  any  consequences  of  such  revocation. 
The  question  here  arises  whether  such  effect  can  follow  by 
implication,  so  as  to  bring  the  party  within  said  penal 
clause,  the  statute  being  silent  and  containing  no  prohibition 
against  his  practising  thereafter.  It  seems  to  us,  that  the 
statute    itself    emphatically    repels    and    rebuts    any    such 

1  Williams  v.  People,  17  111.,  App.,  274  (ISSo). 


150     LIABILITY  OF  THE  DENTIST  TO   THE  STATE 

implication  or  presumption.  Section  1  enacts:  "That 
every  person  practising  medicine  in  any  of  its  departments 
shall  possess  the  qualifications  prescribed  by  this  act.  If 
a  graduate  in  medicine,  he  shall  present  his  diploma  to  the 
State  Board  of  Health  for  verification  as  to  its  genuineness. 
If  the  diploma  is  found  genuine,  and  if  the  person  named 
therein  be  the  person  claiming  and  presenting  the  same,  the 
State  Board  of  Health  shall  issue  its  certificate  to  that  effect, 
signed  by  all  the  members  thereof,  and  such  diploma  and 
certificate  shall  be  conclusive,  as  to  the  right  of  the  lawful 
holder  of  the  same  to  practise  medicine  in  this  State."  The 
word  'conclusive,'  as  there  used,  has  a  well-defined  legal 
signification.  Its  proper  synonyms  are  irrefutable,  final. 
With  the  question  as  to  what  powers  the  board  possesses 
in  regard  to  the  making  such  certification  of  a  diploma,  we 
have  no  concern  in  this  case.  What  was  the  legal  effect  of 
it  after  it  was  made  is  the  question.  The  declaration  of  the 
legislature  that  such  diploma  and  certificate  shall  be  conclusive 
as  to  the  right  of  the  holder  to  practise  medicine,  is  subject  to 
no  limitation  as  to  time  or  qualification  as  to  circumstances. 
It  is  clear  and  unambiguous,  admitting  of  no  construction. 
And  there  is  no  other  provision  of  the  statute  which  is  neces- 
sarily in  conflict  with  it.  For  the  court  to  coin  and  interject 
a  counteracting  phrase,  would,  in  our  opinion,  be  nothing 
but  judicial  legislation,  which,  in  theory,  is  always  con- 
demned, but  not  infrequently  practised." 

4.  Burden  of  Proving  Right  to  Practise. — Where  a  statute 
makes  it  an  indictable  offence  to  practise  without  having 
complied  with  the  requirements  of  the  statute,  the  burden 
of  proving  that  the  accused  has  complied  with  such  require- 
ments is  generally  on  the  accused.^ 

If  he  relies  for  his  defence  on  a  section  of  the  statute 
allowing  persons  to  practise  who  had  been  engaged  in  practice 
before  the  passage  of  the  act,  the  burden  of  proof  is  on  him 
to  show  not  only  that  he  was  engaged  in  practice  before  the 


1  People  V.  Fulda.  52  Hun.  (N.  Y.),  65  (1S89);  Williams  v.  People,  20  111.  App.,  92 
(1886). 


ASSAULT  AND  BATTERY  151 

act  went  into  effect,  but  that  he  was  legally  engaged  in 
practise  at  that  time.^ 

5.  Construction  of  Statute. — On  a  prosecution  for  prac- 
tising without  compliance  with  the  requirements  of  the 
statute,  the  statute  will  be  strictly  construed  in  favor  of  the 
defendant,  and  if  the  facts  of  the  case  do  not  bring  it  clearly 
within  the  terms  of  the  statute,  he  cannot  be  convicted.^ 

6.  Statute  of  Limitation. — In  some  States  a  prosecution  for 
illegally  practising  dentistry  is  barred  if  not  brought  within 
a  certain  time  after  the  act  or  acts  relied  on  as  constituting 
the  practice  were  done.  Where  such  statutes  are  in  force, 
the  burden  of  proving  that  the  offence  was  done  within  the 
time  prescribed  by  the  statute  is  on  the  prosecution.^ 


ASSAULT  AND  BATTERY 

Assault  and  battery  consists  in  any  unlawful  touching  of 
the  person  of  another;  and  is  a  crime.  If  a  dentist  should, 
without  the  consent  of  the  patient,  pull  a  tooth,  or  perform 
any  other  operation  on  the  patient,  he  would  be  liable  not 
only  to  a  civil  suit  for  damages,  as  we  have  seen,  but  also  to 
an  indictment  for  this  crime.  A  dentist  should  always, 
therefore,  inform  the  patient  what  he  proposes  to  do  before 
operating,  and  procure  the  patient's  consent  thereto.  Such 
consent  may  be  general  or  specific.  If  the  patient  puts 
himself  into  the  hands  of  the  dentist,  telling  the  dentist  to 
do  whatever  may  be  necessary,  this  will  amount  to  a  consent 
by  the  patient  to  any  act  of  the  dentist  which  in  his  honest 
and  bona  fide  judgment  is  necessary.  If,  however,  the  con- 
sent of  the  patient  is  to  a  specific  act,  say  to  the  pulling  of 
a  certain  tooth,  and  the  dentist  should  deliberately  pull 
another  tooth,  the  dentist  would  be  guilty  of  assault  and 
battery.  Nor  would  it  be  an}-  defence  that  the  extraction  of 
the  tooth  pulled  was  necessary  to  the  welfare  of  the  patient. 

1  Morris  v.  State,  117  Ga.,  1  (1902). 

2  Robinson  v.  People,  23  Col.,  123  (1896). 

3  State  V.  Newton  (Wash.),  81  Pac,  1002  (1905). 


152      LIABILITY  OF  THE  DENTIST  TO   THE  STATE 

If  the  tooth  extracted  was  pulled,  not  deliberately,  but  by 
mistake,  then  whether  the  dentist  would  be  liable  for  assault 
and  battery  would  depend  on  the  question  whether  the  mis- 
take was  an  honest  one,  and  one  that  a  cautious  and  skilful 
dentist  would  have  made  under  the  circumstances.  If  it 
were,  the  dentist  would  not  be  guilty;  but  if  the  mistake 
was  due  to  negligence  it  seems  that  the  dentist  would  be 
guilty.  If  the  tooth  wrongfully  pulled  were  a  front  tooth, 
the  dentist  would  be  guilty  of  the  graver  crime  of  mayhem. 
Mayhem  being  defined  as  the  violently  depriving  another 
of  the  use  of  such  of  his  members  as  may  render  him  the 
less  able,  in  fighting,  either  to  defend  himself,  or  annoy  his 
adversary.^ 

RAPE 

There  have  been  a  number  of  accusations  of  rape  brought 
against  dentists.  Rape  is  the  carnal  knowledge  of  a  woman 
by  a  man  by  force  and  without  her  consent.  It  has  long 
been  decided  that  intercourse  with  a  woman  while  she  is 
unconscious  is  by  force  and  without  her  consent,  and 
therefore   rape.^ 

As  said  many  years  ago  by  a  great  judge,  rape  is  the  crime 
of  all  others  of  which  it  is  easiest  to  accuse  and  which  it  is 
most  difficult  to  disprove.  Add  to  this  that  on  a  charge  of 
this  crime  the  sympathies  of  the  jury  are  always  strongly  on 
the  side  of  the  woman;  that  the  punishment,  on  conviction, 
is  very  severe;  and  that  even  if  the  charge  is  disproved  the 
defendant's  reputation  is  seriously  injured  and  his  business 
destroyed,  it  is  readily  seen  that  precautions  should  be  taken 
against  even  a  charge  of  the  crime.  If  possible,  the  dentist 
should  always,  when  treating  a  woman,  have  someone  in  his 
office  other  than  himself  and  the  patient.  He  should  never, 
on  any  account,  place  a  female  patient  under  the  influence 
of  an  anesthetic  without  a  third  person,  preferably  a  woman 
present  during  the  whole  time  the  patient  is  under  the  influ- 

1  4  Blackstone,  Com.,  203. 

2  Paynes).  State,  40  Tex.,  Cr.  R.,  202  (1899). 


HOMICIDE  153 

ence  of  the  drug,  for  it  is  a  well  known-fact  that  one  of  the 
effects  of  anesthetics  is  to  induce  hallucinations  of  a  sexual 
character. 

HOMICIDE 

We  have  seen  that  the  dentist  is  liable  in  damages  to  the 
patient  for  any  injury  suffered  by  the  latter  due  to  the  negli- 
gence of  the  dentist.  The  liability  of  the  dentist  for  negli- 
gence is  not,  however,  confined  to  the  payment  of  damages 
to  the  patient.  If  the  patient  should  die  as  the  result  of 
negligence  on  the  part  of  the  dentist,  the  dentist  may  find 
himself  involved  in  a  charge  of  manslaughter. 

Manslaughter  is  committed  in  causing  the  death  of  a 
person  by  negligence.  The  negligence  may  consist  either  in 
doing  an  act  or  in  omitting  to  do  an  act.  No  intent  to  cause 
the  injury,  no  ill  will  to  the  person  injured,  not  even  an 
actual  knowledge  that  death  is  likely  to  result  from  the  act 
or  omission  is  necessary  to  constitute  the  crime.  If  the  death 
of  the  patient  was  the  result  of  the  negligence  of  the  dentist, 
his  inattention  or  ignorance,  he  is  guilty  of  manslaughter. 
By  the  weight  of  authority  the  same  rules  apply  whether 
the  dentist  is  practising  with  or  without -authority  of  law. 

A  dentist  is  not  guilty  of  manslaughter  merely  because 
a  patient  dies  from  his  act  in  performing  an  operation,  or 
administering  an  anesthetic,  if  it  is  done  in  good  faith,  even 
though  the  dentist  made  a  mistake  or  did  not  possess  the 
highest  skill.  The  act  or  omission  must  be  negligent  to 
make  him  guilty.  As  to  just  what  degree  of  negligence  is 
necessary,  the  courts  are  not  agreed.  It  is  usually  declared 
that  it  must  be  gross  negligence.^ 

In  an  English  case,^  where  a  physician  was  indicted  for 
manslaughter  in  causing  the  death  of  his  wife  by  an  overdose 
of  morphine,  Justice  Denman  in  charging  the  jury  said:  "If 
he  dealt  with  dangerous  medicines  he  was  bound  to  use 


•  See  2  Bishop,  New  Criminal  Law,  sec.  664. 
2  Reg.  V.  Macleod,  12  Cox  C.  C,  534  (1874). 


154     LIABILITY  OF   THE  DENTIST   TO   THE  STATE 

them  with  proper  skill,  and  was  bound  to  bring  proper  care, 
and  employ  proper  caution,  so  that  persons  would  not  be 
endangered  by  want  of  skill  on  his  part,  or  want  of  caution 
or  care  in  dealing  with  the  deadly  ingredients  .  .  .  the 
main  point  was  whether  the  man  did  not  do  his  best,  not  in  the 
sense  of  doing  a  bad  best — but  in  doing  a  good  best  .  .  . 
if  it  was  administered  without  proper  care,  skill,  and  caution, 
and  without  a  proper  knowledge  of  morphine  by  the  prisoner 
—whether  in  the  weighing  of  the  drug,  or  in  any  other  way, 
that  would  be  clear  negligence — he  would  not  use  the  term 
'gross  negligence,'  because  it  was  liable  to  misinterpreta- 
tion— and  if  that  was  so,  the  prisoner  would  be  guilty  of 
manslaughter.  But  if  the  drug  was  administered  without 
want  of  skill,  and  intending  to  do  for  the  best — doing  nothing, 
in  fact,  a  skilful  man  might  not  do,  then  if  the  jury  merely 
thought  it  was  some  error  of  judgment  which  anybody  might 
have  committed,  the  prisoner  should  be  acquitted." 

If,  therefore,  a  dentist  should  perform  an  operation  or 
administer  an  anesthetic  being  ignorant  of  the  proper 
method  of  performing  one  or  administering  the  other;  or, 
being  competent,  should  act  with  gross,  or  perhaps  a  lesser 
degree  of  negligence,  either  by  not  using  the  skill  he  possessed 
or  not  using  it  with  proper  caution,  he  would  be  guilty  of 
manslaughter  if  his  act  resulted  in  the  death  of  the  patient. 

The  same  principle  applies  when  the  death  of  the  patient 
results  from  an  omission  to  do  an  act  that  the  condition  of 
the  patient  he  has  agreed  to  treat  requires.  If  the  omission, 
under  the  circumstances,  was  grossly  negligent,  the  dentist 
is  guilty  of  manslaughter. 

Consent  of  Patient. — On  an  indictment  for  manslaughter 
by  negligence,  the  dentist  cannot  defend  by  showing  that 
the  patient  consented  to  the  treatment,  knowing  him  to  be 
incompetent,  unless,  perhaps,  the  physical  condition  of  the 
patient  was  such  that  unless  the  operation  was  performed 
the  patient  was  in  danger  of  death  or  serious  bodily  injury 
and  there  was  no  more  competent  person  within  reach. 


PRACTISING  ON  SUNDAY  155 


PRACTISING  ON  SUNDAY 

We  have  seen  in  treating  of  contracts  that  it  is  generally 
forbidden  to  labor  on  Sunday,  and  that  contracts  for  work 
on  that  day  are  void.  Many  statutes  not  only  make  con- 
tracts made  on  Sunday  void,  but  also  make  it  a  criminal 
offence  to  work  on  that  day.  Under  these  statutes  a  dentist 
is  as  liable  to  indictment  as  anyone  else,  unless  he  can 
bring  himself  within  the  exceptions  usually  made  in  the 
statute  as  to  works  of  necessity.^ 

1  See  Contracts,  ante,  p.  48. 


CHAPTER  VIII 

THE   DENTIST   AS  A  WITNESS 

SECURING  ATTENDANCE 

Ever  since  the  statute  of  Elizabeth  enacted  in  1562-63,  it 
has  been  recognized  as  fundamental  that  the  public  has  a 
right  to  every  man's  evidence  in  a  civil  suit  pending  in  a 
court  of  law;  and  since  1701  that  they  have  the  same  right 
in  a  criminal  suit,^  The  dentist  is  not  excepted  from  this 
rule,  and  he,  like  any  other  citizen,  is  bound  to  attend  the 
trial  of  any  case  in  court  when  properly  summoned  thereto 
to  testify,  like  any  other  witness,  to  facts  of  simple  observa- 
tion by  eye  and  ear.  To  this  end  a  process  called  a  subpena 
is  issued  from  the  court  and  served  on  the  witness  ordering 
him  to  appear  at  a  certain  court  on  a  certain  day  to  testify 
what  he  knows  in  a  cause  between  certain  parties,  and  to 
attend  the  court  for  that  purpose  until  discharged.  The 
service  should  be  made  a  reasonable  time  before  the  day 
specified  for  his  attendance,  and  the  witness  is  usually  not 
held  to  be  in  default  unless  the  service  of  the  process  con- 
forms to  these  requirements.^ 

Expert  evidence  may  be  as  necessary  as  ordinary  evidence 
in  the  administration  of  justice,  therefore  the  considerations 
of  public  policy  that  require  that  an  ordinary  witness  be 
compelled  to  appear  and  testify  in  a  case  apply  with  equal 
force  to  the  expert.  As  was  said  by  Biddle,  C.  J.,  in  Dills  v. 
State :^  "The  administration  of  justice  is  the  highest  duty 
and  crowning  excellence  of  a  State;  and  without  the  power 
to  compel  a  witness  to  appear  and  testify,  this  duty  would 


1  4  Wigmore,  Ev.,  sec.  2190.  2  Ibid.,  sec   2199. 

3  59  Ind.,  15  (1877). 


EXCUSES  FOR  NON-ATTENDANCE  157 

be  embarrassed,  and  this  great  public  good  unattained. 
And  in  this  we  can  perceive  no  difference  whether  a  witness 
is  called  as  an  expert  or  as  to  ordinary  facts.  In  judicial 
trials,  justice  demands  the  truth  as  to  facts  in  all  depart- 
ments of  human  knowledge,  and  the  State  has  the  right  to 
compel  witnesses  to  appear  and  testify  concerning  all 
matters  within  their  knowledge  belonging  to  human  affairs 
wherein  their  testimony  is  not  prohibited  by  law." 

While  theoretically  speaking  an  expert  can  be  compelled 
to  appear  and  testify  in  any  case,  in  practice  he  will  rarely 
be  called  on  to  testify  if  he  does  not  wish  to  do  so.  When 
approached  and  asked  to  become  a  witness  he  should  decline 
if  he  feels  that,  due  to  lack  of  theoretical  knowledge  or  of 
experience  in  the  particular  matter  on  which  his  opinion  is 
desired,  he  will  not  be  of  assistance  in  the  case. 


EXCUSES  FOR  NON-ATTENDANCE 

The  dentist,  like  other  witnesses,  is  excused  from  attending 
on  court  if  he  cannot  do  so  without  direct  and  serious  danger 
to  his  health  or  his  family's  welfare.  In  rare  cases  a  witness 
has  been  excused  from  attendance  where  the  distance  to  be 
travelled  was  great,  the  interruption  to  his  business  consider- 
able, and  his  testimony  not  very  important.  The  general 
rule  is  well  expressed  by  Cowen,  J.,  in  People  v.  Davis  :^ 
"The  process  of  the  subpena  demands  great  and  extraor- 
dinary efforts  on  the  part  of  the  witness  to  obey.  It  com- 
mands him  expressly  to  lay  aside  his  business  and  excuses. 

.  .  .  It  is  not  denied  that  serious  sickness  in  his  family, 
such  as  would  prevent  a  prudent  father  or  husband  from  leav- 
ing home  on  his  own  important  business,  would  ssixe  him  from 
the  imputation  of  a  contempt,  and,  perhaps  from  an  action. 
But  such  a  case  ought  clearly  to  be  shown  to  the  court. 
Above  all,  where  the  summons  allows  him  full  time,  he  should 
struggle  to  get  ready  as  he  would  to  go  abroad  on  his  own 

I  15  Wend.  (N.  Y.),  602,  608  (1836).    (Quoted  in  Wigmore,  Ev.,  sec.  2204.) 


158  THE  DENTIST  AS  A   WITNESS 

pressing  business.  If  inevitably  disappointed,  after  ex- 
hausting every  reasonable  expedient,  he  ought  certainly  to 
be  excused  from  the  payment  of  a  penalty  which  pre-supposes 
some  neglect,  at  least." 


WITNESS  FEES 

The  statute  of  Elizabeth  provided,  and  ever  since  that 
statute  it  has  been  required,  that  the  witness  be  tendered 
in  advance  of  the  trial,  and  at  the  time  of  the  serving  of  the 
subpena,  the  amount  of  the  expense  to  which  he  will  be 
put  in  attending  the  trial,  and  on  demand  of  such  payment, 
at  the  time  of  service  of  process,  and  refusal,  the  witness  is 
not  bound  to  attend.  If,  however,  he  do  not  demand  his 
expenses  when  served  with  process,  but  voluntarily  attends 
the  trial,  he  cannot  refuse  to  testify  when  called  to  the  stand, 
on  the  ground  that  his  expenses  have  not  been  paid.^ 

This  law  of  the  tender  of  expenses  in  civil  suits  differs  in 
the  different  States.  Generally  the  statutes  provide  for  the 
tender  of  expenses  for  one  day's  attendance,  and  for  travel 
one  or  both  ways.  In  criminal  cases  by  statute  in  most 
jurisdictions,  neither  the  prosecution  nor  the  accused  is 
required  to  tender  the  witness'  expenses  in  advance.^ 

We  have  seen  above  that  the  non-expert  witness  cannot 
be  compelled  to  testify  until  he  is  tendered  the  fees  pre- 
scribed by  law  in  the  different  jurisdictions.  The  same  rule 
applies  in  the  case  of  the  expert  witness.  He  may  refuse  to 
obey  the  subpena  unless  his  fee  is  tendered  him  at  the  time 
of  the  service  of  process,  unless  he  waive  such  tender.  As 
to  the  amount  of  the  fee  demandable  by  him,  however, 
there  is  much  difference  of  opinion.  It  is  contended  on 
the  one  side — chiefly  by  the  experts  themselves — that  they 
should  not  be  required  to  attend  and  to  testify  on  tender  of 
a  fee  equal  only  in  amount  to  that  demandable  by  non-expert 
witnesses.    It  is  contended  that  the  professional  experience 

1  4  Wigmore,  Ev.,  sec.  2203.  2  ibid.,  sec.  2201, 


WITNESS  FEES  159 

and  knowledge  of  the  expert  are  his  individual  property,  and 
that  neither  the  public  nor  an  individual  has  a  right  to  com- 
pel him  to  bestow  them  without  adequate  compensation  in 
addition  to  the  fee  paid  the  non-expert  witness;  that  the 
time  of  the  expert  is  more  valuable  than  that  of  the  non- 
expert, and  that  he  should  be  compensated  in  proportion 
for  the  time  lost  from  his  professional  duties  in  attending 
court.  ,  As  said  by  the  court  in  Buchman  v.  State :^  "If  the 
professional  services  of  a  lawyer  cannot  be  required  in  a  civil 
or  criminal  case  without  compensation,  how  can  the  pro- 
fessional services  of  a  physician  be  thus  required?  Is  not 
his  medical  knowledge  his  capital  stock?  .  .  .  When  a 
physician  testifies  as  an  expert,  by  giving  his  opinion,  he  is 
performing  a  strictly  professional  service.  ...  If  physi- 
cians and  surgeons  can  be  compelled  to  render  professional 
services,  by  giving  their  opinions  on  the  trial  of  criminal  cases, 
without  compensation,  then  an  eminent  physician  or  surgeon 
may  be  compelled  to  go  to  any  part  of  the  State,  at  any  and 
all  times,  to  render  such  service,  without  other  compensation 
than  such  as  he  may  recover,  as  ordinary  witness  fees,  from 
the  defendant  in  the  prosecution,  depending  upon  his  con- 
viction and  ability  to  pay.  This  under  the  general  principles 
of  law  and  the  constitution  of  the  State,  he  cannot  be  com- 
pelled to  do.  If  he  knows  facts  pertinent  to  the  case  to  be 
tried,  he  must  attend  and  testify  as  any  other  witness,  in 
respect  to  facts  wdthin  his  knowledge;  his  qualifications  as  a 
physician  or  surgeon  are  entirely  unimportant.  In  respect 
to  facts,  as  before  stated,  he  stands  upon  an  equality  with 
all  other  witnesses,  and  the  law,  as  well  as  his  duty  to  the 
public,  requires  him  to  attend  and  testify  for  such  fees  as  the 
Legislature  has  provided.  Not  so,  however,  in  respect  to  his 
professional  opinions.  In  giving  them  he  is  performing  a 
'  particular'  ser\'ice,  which  cannot  be  demanded  of  him  with- 
out compensation." 

Professor   Wigmore   has    answered    these    arguments    as 
follows:  "The  grounds  upon  which  it  may  be  concluded 

1  59  Ind.,  1  (1877). 


160  THE  DENTIST  AS  A   WITNESS 

that  no  different  privilege  should  be  established  for  expert 
witnesses  than  for  others  may  be  summarized   as  follows: 

(1)  The  expert  is  not  asked  to  render  professional  services 
as  a  physician  or  chemist  or  engineer;  he  is  asked  merely,  as 
other  witnesses  are,  to  testify  what  he  knows  or  believes. 

(2)  The  hardship  upon  the  professional  man  who  loses  his 
day's  fees  of  fifty  or  one  hundred  or  more  dollars  is  no 
greater,  relatively,  than  upon  the  storekeeper  or  the  mechanic 
who  loses  his  day's  earnings  of  two  or  ten  dollars;  each  loses 
his  all  for  the  day;  moreover,  though  the  recoupment  of  the 
witness  fee  of  one  or  two  dollars  is  relatively  greater  for  the 
mechanic,  yet  his  risk  of  losing  continued  employment  by 
enforced  absence  is  greater  than  for  the  professional  man, 
and  more  than  equahzes  the  hardship  to  him.    (3)  It  is  only 
by  accident  and  not  by  premeditation  or  dehberate  resolve 
with  reference  to  the  ligitation,  that  either  has  become  de- 
sirable as  a  source  of  evidence;  neither  the  expert  in  blood 
stains  nor  the  bystander  at  a  murder  has  expressly  put  himself 
in  the  way  of  qualifying  as  a  witness,  so  that  no  claim  based  on 
a  special  dedication  of  services  for  the  case  can  be  predicated 
of  one  rather  than  another.     (4)  The  practical  difficulty  of 
discriminating  between  various  kinds  of  experts  and  their 
earnings,  and  between  that  testimony  which  they  give  as 
such  and  that  which  they  give  as  ordinary  observers,  would 
be  serious,  and  would  introduce  confusion  and  quibbling 
into  the  law,     (5)  Finally,  so  far  as  concerns  the  policy  of 
doing  whatever  should  attract  and  not  deter  desirable  wit- 
nesses.   No  one  will  ever  refrain  from  entering  a  professional 
calling  because  of  the  fear  of  having  to  spend  his  time 
gratuitously  at  trials;  and  yet  an  ordinary  person  is  often 
deterred   from  observing  (or  disclosing  his   observation)  a 
street  accident  or  the  like,  because  of  the  apprehension  of 
being  summoned  as  a  witness;  so  that  the  latter  sort,  if 
either,  should  be  the  one  to  be  encouraged  by  special  com- 
pensation." 

Professor  Wigmore  adds,  "  It  has  therefore  been  generally 
held  that  an  expert  witness  is  not  entitled  to  demand  addi- 


WITNESS  FEES  161 

tional  compensation,  other  than  the  ordinary  witness  fees, 
before  attending  the  testimony  on  the  stand.  "^ 

While,  generally,  the  expert  witness  cannot  demand  before 
testifying,  in  the  absence  of  a  statute,  the  tender  of  com- 
pensation in  amount  above  that  of  the  non-expert  witness, 
statutes  have  been  passed  in  some  States  providing  for  the 
payment  of  additional  compensation  to  expert  witnesses. 
These  statutes  commonly  provide  that  the  amount  of  such 
fee  shall  be  fixed  by  the  court. - 

The  general  rule  that  the  expert  cannot  demand  fees  other 
than  those  provided  for  non-experts,  does  not  apply  to  pre- 
liminary work  that  may  be  required  of  the  witness  necessary 
to  enable  him  to  testify  as  an  expert  in  a  given  case.  Thus 
if  it  should  be  necessary,  in  order  for  a  dentist  who  was  later 
to  be  called  as  a  v^'itness  to  identify  a  dead  body,  to  examine 
the  body,  dissect  the  jaw^,  and  make  tests,  he  is  entitled  to 
compensation  for  such  work.'' 

It  is  necessary,  sometimes,  when  the  opinion  of  the  expert 
is  not  given  from  his  own  examination,  but  from  the  facts 
testified  to  by  other  witnesses,  that  the  expert  must  be 
present  during  the  whole,  or  a  part  of  the  trial  other  than 
that  during  which  his  own  testimony  is  being  given.  Such 
attendance  cannot  be  required  of  him;  and  if  demanded  he 
may  refuse  to  attend,  absolutely,  or  demand  extra  com- 
pensation as  a  condition  of  such  attendance.^ 

While  in  most  jurisdictions  in  the  United  States  the  expert 
witness  cannot  demand  extra  compensation  as  a  witness,  it 
is  the  practice  in  all  important  cases  to  pay  him  additional 
compensation,  and  such  payment  is  not  regarded  as  against 
the  policy  of  the  law. 

In  Barrus  v.  Phaneuf,^  Barrus,  an  expert  witness,  a  civil 
engineer,  sued  Phaneuf  for  extra  compensation,  above  the 
ordinary  fee  allowed  witnesses.  It  appeared  that  the  de- 
fendant had  engaged  the  plaintiff  six  weeks  previous  to  a 
certain  trial  to  appear  at  the  trial  and  testify  for  him  as  an 

1  4  Wigmore,  Ev.,  sec.  2203.  2  ibid. 

3  See  ante,  chapter  IV,  p.  72.  •■  Rogers,  Expert  Test.  (2d  ed.),  see.  1S7. 

5  44  Northeastern  Reporter  (Mass.),  141  (1896). 
11 


162  THE  DENTIST  AS  A   WITNESS 

expert  in  regard  to  a  matter  which  the  plaintiff  had  examined 
as  an  engineer.  The  plaintiff  agreed  to  appear  and  testify  as 
an  expert,  and  talked  over  the  matter  with  the  defendant. 
He  was  regularly  summoned  and  paid  the  regular  statutory 
fee  of  an  ordinary  witness.  He  went  into  court  and  testified 
as  an  ordinary  witness  but  was  asked  no  question  which  called 
for  his  opinion  as  an  exyert.  During  the  progress  of  the  trial 
he  advised  the  defendant's  attorney  in  regard  to  questions 
to  be  asked  himself  and  other  witnesses.  The  defendant 
in  the  suit  against  him  for  extra  compensation  defended 
on  the  ground  that  if  he  had  promised  to  pay  the  plaintiff 
extra  compensation  such  promise  was  without  considera- 
tion, and  void,  and  that  the  plaintiff  in  testifying  did  no 
more  than  he  was  legally  bound  to  do  under  his  subpena. 
(There  is  a  general  rule  of  law  that  a  promise  to  pay  a 
person  to  do  an  act  he  is  already  legally  bound  to  do  is 
void,  e.  g.,  a  promise  to  pay  a  fireman  to  save  a  person's  life 
at  a  fire.)  The  plaintiff  recovered  in  the  trial  court  and,  on 
appeal  by  the  defendant,  the  judgment  of  the  trial  court  was 
affirmed,  the  court  saying:  "We  are  of  opinion  that  upon 
the  facts  in  evidence,  there  was  sufficient  consideration  to 
support  a  promise  to  pay  a  reasonable  compensation,  in 
addition  to  the  statutory  fees,  and  that  the  jury  was  war- 
ranted in  finding  a  promise  to  that  effect,  or  a  mutual  under- 
standing that  the  plaintiff  was  to  be  so  paid.  If  such  promise 
was  made,  or  such  understanding  existed,  the  plaintiff's  right 
to  recover  would  not  be  taken  away  or  lost  by  his  omission 
to  claim  or  demand  extra  compensation,  or  to  notify  the 
defendant  that  he  should  make  such  claim,  or  by  his  accept- 
ance of  the  statutory  fee  without  objection,  or  by  the  omis- 
sion of  the  defendant  at  the  trial  to  put  any  question  to  him 
as  an  expert  witness,  and  the  consequent  omission  of  the 
plaintiff  to  testify  as  an  expert.  All  these  were  merely 
matters  for  the  consideration  of  the  jury  in  determining 
whether  any  such  promise  was  made,  or  such  understanding 
existed.     Exceptions  overruled." 

A  promise,  however,  to  pay  an  expert  witness  for  giving 


PRIVILEGED  COMMUNICATIONS  163 

testimony  on  the  condition  that  his  testimony  leads  to  a 
termination  of  the  suit  in  favor  of  the  person  making  the 
promise,  is  against  pubhc  policy,  and  void.^ 


PRIVILEGED  COMMUNICATIONS 

Ordinarily  a  witness  when  called  on  to  testify  in  a  case 
between  other  parties,  must  answer  all  questions  put  to  him 
which  do  not  incriminate  him.  There  is,  however,  an  excep- 
tion made  to  this  rule  in  the  case  of  witnesses  occupying 
certain  confidential  relations.  Thus  an  attorney  may  not 
only  refuse  to  answer  any  question  concerning  communica- 
tions made  to  him  by  his  client  for  the  purpose  of  obtaining 
professional  advice  or  aid,  but  he  is  actually  forbidden  to 
answer  any  such  question. ^  So  statutes  have  been  enacted 
in  many  jurisdictions  forbidding  the  disclosure  in  evidence, 
against  the  will  of  the  patient,  of  information  acquired  by 
physicians  in  their  professional  capacity,  and  in  some  States 
by  priests  in  the  way  of  confession.^ 

As  the  privilege  is  accorded  to  physicians  only  by  statute, 
in  the  absence  of  a  statute  the  privilege  cannot  be  claimed. 
It  is  believed  that  there  is  not  as  yet  any  statute  expressly 
forbidding  dentists,  eo  nomine,  to  testify  as  to  information 
acquired  by  them  in  their  professional  capacity.  In  the 
absence  of  such  a  statute  they  would  therefore  not  be  excused 
from  testifying  as  to  such  information,  unless  dentists  are 
embraced  within  the  term  "physicians  and  surgeons"  used 
generally  in  the  statutes.  Whether  they  are  included  in 
these  terms  has  already  been  discussed  in  the  chapter  on 
the  "Status  of  the  Dentist."  In  those  jurisdictions  where  it 
has  been  held  that  the  term  physician  or  surgeon  includes 
dentists,  the  courts  to  be  consistent  should  hold  that  the 
dentist  is  not  at  liberty  to  disclose  information  acquired  in 
his  professional  capacity. 

1  Pollak  V.  Gregory,  9  Bosw.  (N.  Y.),  116  (1861). 

2  23  Am.  and  Eng.  Enc.  Law  (2d  ed.),  53. 

3  Ibid.,  S3,  92. 


164  THE  DENTIST  AS  A   WITNESS 

The  only  case  the  writer  has  been  able  to  find  directly 
on  this  question  is  People  ^.  De  France.^  In  this  case  the 
defendant  was  indicted  for  forgery.  His  defence  consisted 
in  a  denial  of  identity  with  the  person  who  had  committed 
the  forgery,  and  the  evidence  showed  that  the  teeth  of  the 
defendant  presented  an  appearance  different  from  that  of 
the  person  who  had  given  the  forged  check;  that  the  two 
front  incisors  of  the  latter  were  separated  distinctly  while 
this  peculiarity  did  not  appear  in  the  defendant.  A  dentist 
was  called  as  a  witness  by  the  State  who  testified  that  between 
the  time  of  the  forgery  and  the  trial  he  had  inserted  three 
false  teeth  in  the  place  of  the  two  incisors,  for  the  prisoner. 
The  prisoner's  counsel  objected  to  the  evidence  on  the  ground 
that  the  witness  being  a  dentist,  was  forbidden  by  a  statute 
of  the  State  to  testify  as  to  acts  done  by  him  in  a  professional 
capacity  for  a  patient.  The  statute  provided:  "No  person 
duly  authorized  to  practise  physic  or  surgery  shall  be  al- 
lowed to  disclose  any  information  which  he  may  have 
acquired  in  attending  any  patient  in  his  professional  char- 
acter, and  which  information  was  necessary  to  enable  him 
to  prescribe  for  such  patient  as  a  physician,  or  to  do  any  act 
for  him  as  a  surgeon."  The  Supreme  Court  of  Michigan  in 
passing  on  this  question  said:  "The  question  presented  is 
whether  this  language  includes  a  dentist.  At  the  common 
law,  information  gained  by  a  physician  or  surgeon  while  in 
attendance  upon  his  patient  was  not  privileged.  The  pur- 
pose of  this  statute  was  to  throw  around  such  disclosures  as 
the  patient  is  bound  to  make  for  the  information  of  his 
attending  physician  the  cloak  of  secrecy,  and  the  prime 
object  was  to  invite  the  confidence  in  respect  of  ailments  of 
a  secret  nature,  and  the  spirit  of  the  act  would  not  include 
a  case  where  the  infirmity  was  apparent  to  everyone  on 
inspection.  In  practice,  however,  the  statute  has  not  been 
so  limited  in  construction  for  the  reason  that  the  words  of 
the  act  are  broad  enough  to  include  any  information  neces- 
sary to  enable  the  physician  to  prescribe  or  the  surgeon  to 

1  104  Mich.,  563  (1895). 


PRIVILEGED  COMMUNICATIONS  165 

act.  Nevertheless,  the  purpose  of  the  act  is  to  be  considered 
in  determining  whether  the  dentist  was  intended  to  be 
included  within  its  terms.  Certainly  the  terms  'dentist' 
and  'surgeon'  are  not  interchangeable,  and  if  a  dentist  is 
to  be  held  to  be  a  surgeon  within  the  meaning  of  this  act, 
it  must  be  because  his  business  as  a  dentist  is  a  branch  of 
surgery.  It  is  apparent  that  the  act  relates  to  general 
practitioners,  and  to  those  whose  business  as  a  whole  comes 
within  the  definition  of  'physician'  or  'surgeon.'  A 
dentist  is  one  whose  profession  is  to  clean  and  extract  teeth, 
repair  them  when  diseased,  and  replace  them  when  necessary, 
by  artificial  ones.  The  only  case  which  we  have  found  which 
bears  directly  upon  this  question  is  that  of  State  v.  Fisher 
(Mo.  Sup.),  24  S.  W.,  167,  22  L.  R.  A.,  799,  in  which  the 
majority  of  the  Supreme  Court  of  Missouri  held  that  a 
dentist  is  not  to  be  considered  a  surgeon.  We  think  there 
was  not  error  in  admitting  the  testimony  of  this  witness; 
that  he  is  not  within  the  terms  and  spirit  of  this  act." 

Several  objections  may  be  urged  against  this  decision. 

The  court  says  truly,  that  the  purpose  of  a  statute  is  to 
be  considered  in  determining  whether  the  dentist  is  to  be  in- 
cluded within  its  terms;  and  then  adds,  "The  purpose  of  this 
statute  was  to  throw  around  such  disclosures  as  the  patient 
is  bound  to  make  for  the  information  of  his  attending  physi- 
cian the  cloak  of  secrecy,  and  the  prime  object  of  the  act 
was  to  invite  confidence  in  respect  to  ailments  of  a  secret 
nature,  and  the  spirit  of  the  act  would  not  include  a  case 
where  that  infirmity  was  apparent  to  everyone  on  inspec- 
tion." The  court  admits  that  the  operation  of  the  statute 
has,  in  practice,  not  been  so  limited.  But  even  if  it  were  so 
limited,  dentists  might  well  be  held  to  come  within  its  terms, 
for  "ailments  of  a  secret  nature"  are  not  infrequently  among 
the  causes  that  lead  the  patient  to  the  dentist.  Whether 
other  courts  will,  when  they  are  confronted  with  this  question, 
hold  that  the  dentist  is  forbidden  to  testify  as  to  information 
acquired  in  attending  a  patient  will  probably  depend  in  part 
on  the  literal  terms  of  the  statute,  and  in  part  on  whether  the 
court  has  come  to  recognize  the  real  position  the  practice  of 


166  THE  DENTIST  AS  A   WITNESS 

dentistry  has  come  to  occupy.  In  the  very  case  referred 
to  by  the  court  in  the  case  we  have  just  been  discussing — 
State  V.  Fisher — three  out  of  seven  of  the  judges  held  that  a 
dentist  was  within  both  the  letter  and  the  reason  of  a  statute 
exempting  "a  practitioner  of  medicine"  from  jury  duty. 
As  Brace,  J.,  said  in  that  case:  "The  fact  that  this  branch  of 
the  medical  profession  has  grown  to  such  proportions  as  to 
have  its  own  independent  colleges,  and  to  confer  its  own 
degrees,  and  that  it  has  become  necessary  that  its  practice 
should  be  regulated  by  statute,  indicates  the  importance  of 
the  exercise  of  its  functions  to  the  public  welfare.  The  fact 
that  it  is  regulated  in  a  separate  article  and  as  an  independent 
calling  from  that  of  M.  D.  does  not  in  any  manner  affect  the 
character  of  those  functions." 

Many  dentists  have  the  degree  of  M.  D.  in  addition  to 
their  dental  degree,  and  may  be  licensed  either  to  practise 
as  physicians  or  as  dentists,  or  as  both  physicians  and  den- 
tists. In  the  case  of  a  person  holding  both  degrees  the  ques- 
tion may  arise  whether  such  person  is  forbidden  to  testify 
as  to  information  acquired  by  him  in  the  exercise  of  his  pro- 
fessional duties.  If  such  person  is  licensed  to  practise  as  a 
physician,  or  both  as  a  physician  and  as  a  dentist,  and  the 
information  was  acquired  by  him  in  treating  a  case,  say  of 
tuberculosis  of  the  throat,  there  can  be  no  doubt  that  he 
could  not  testify  as  to  such  information.  He  is  a  physician, 
acting  as  such  in  the  particular  case,  and  the  mere  fact  that 
he  also  possesses  a  diploma  and  certificate  as  a  dentist  could 
not  alter  the  case.  If,  on  the  other  hand,  he  was  licensed  to 
practise  only  as  a  dentist,  and  the  information  was  acquired 
by  him  in  making  a  set  of  false  teeth,  it  is  probable  that 
courts  holding  the  views  of  the  Michigan  court  in  the  case 
of  People  V.  De  France,  would  compel  the  disclosure  of  such 
information  on  the  witness  stand,  on  the  ground  that  being 
licensed  as  a  dentist  only,  and  the  information  having  been 
acquired  in  rendering  services  that  only  a  dentist  could 
perform,  the  mere  fact  that  he  possessed  a  medical  diploma, 
would  not  bring  him  within  the  spirit  of  the  statvite.  If, 
however,  such  person  were  licensed  to  practise  both  medicine 


PRIVILEGED  COMMUNICATIONS  167 

and  dentistry,  and  the  information  was  acquired,  in  say 
the  treatment  of  pyorrhea,  or  in  lancing  an  abscessed  gum, 
treatment  that  might  well  be  given  by  either  a  physician  or 
a  dentist,  there  can  be  no  doubt  that  all  courts  would  hold 
that  information  thus  acquired  could  not  be  divulged.  On 
the  other  hand,  if  such  person  were  licensed  to  practise 
dentistry  only,  and  was  called  on  to  give  information  ac- 
quired by  him  in  treating  the  same  class  of  case,  those  courts 
which  are  inclined  to  adopt  the  view  of  the  Michigan  case 
would  probably  compel  the  disclosure  of  such  information, 
on  the  ground  that  the  person  being  licensed  to  practise 
dentistry  only,  and  rendering  services  commonly  performed 
by  dentists,  was  a  dentist  and  not  a  physician  quoad  such 
service. 

Suppose,  however,  a  person  having  both  degrees  and 
licensed  to  practise  both  medicine  or  surgery,  and  dentistry 
should  acquire  the  information  desired  in  making  a  set  of 
false  teeth — work  of  a  purely  dental  character — would  such 
person  be  allowed  to  testify  as  to  such  information?  While, 
of  course,  this  would  depend  in  any  given  case  on  the  terms 
of  the  statute  of  the  state  where  the  trial  was  being  held; 
under  the  usual  form  of  the  statute,  it  is  probable  that  the 
court  would  hold  '  that  such  information  should  not  be 
divulged.  For  the  case  would  be  within  the  letter  of  most 
statutes,  and  even  within  the  reason  of  them  as  the  reason 
has  been  extended. 

If  a  person  were  licensed  only  as  a  dentist  but  was  called 
on  to  render  services  not  usually  performed  by  dentists — 
say  to  treat  a  case  of  diphtheria — and  in  so  doing  acquired 
the  information  desired  by  the  court,  it  is  not  likely  that  any 
court  that  would  be  inclined  to  follow  the  ^Michigan  court, 
would  hold  that  the  dentist  could  withhold  such  informa- 
tion. Such  person  is  not  a  practising  physician  in  the  view 
of  that  court,  and  the  fact  that  he  was  treating  a  case  that 
general  practitioners  would  ordinarily  be  called  on  to  treat, 
would  not  bring  him  within  the  rule  that  the  court  holds 
applies  to  physicians  as  distinguished  from  dentists.  It  is 
doubtful,  however,  if  many  courts  would  follow  the  Michigan 


168  THE  DENTIST  AS  A   WITNESS 

case.  Professor  Wigmore,  the  learned  author  of  the  most 
recent  and  authoritative  treatise  on  Evidence,  says,  in 
speaking  of  the  decision  in  the  case  of  People  v.  De  France, 
"the  modern  recognition  of  dental  science  as  strictly  a 
branch  of  medical  science  might  here  have  justified  the 
opposite  conclusion."^  And  in  State  v.  Beck,^  the  Supreme 
Court  of  Rhode  Island  held  that  a  person  having  a  license 
to  practise  medicine  and  surgery,  but  no  license  to  practise 
dentistry,  was  not  liable  to  indictment  for  practising  den- 
tistry. The  court  saying :  "  A  person  holding  a  certificate  .  .  . 
is  authorized  to  practise  medicine  and  surgery  in  all  its 
branches.  Dentistry  is  now  a  well  recognized  branch  of 
surgery.  A  dentist  is  a  dental  surgeon.  He  performs  sur- 
gical operations  upon  the  teeth  and  jaws,  and,  as  incidental 
thereto,  upon  the  flesh  connected  therewith.  His  sphere  of 
operations  then,  as  before  intimated,  is  included  in  the 
larger  one  of  the  physician  and  surgeon.  A  fair  and  rea- 
sonable construction  of  the  two  statutes  taken  together, 
therefore,  comes  to  this:  That  the  General  Assembly,  by 
the  broad  and  general  language  used  in  said  chapter  165 
relating  to  the  authority  to  practise  medicine  and  surgery, 
must  be  held  to  have  intended  to  except  physicians  and 
surgeons  from  the  restrictions  imposed  upon  other  persons, 
regarding  the  practice  of  dentistry  by  said  chapter  155  and 
the  amendments  thereto.  This  view  is  strengthened  by  the 
fact,  which  is  common  knowledge,  that  it  has  always  been 
the  custom  in  this  State,  and  probably  everywhere  else, 
for  physicians  to  treat  ailing  teeth,  to  extract  teeth,  and  to 
perform  various  other  professional  services  which  technically 
come  within  the  purview  of  deniistry.  Physicians  who  reside 
in  the  country  towns  especially  have  always  been  called 
upon,  to  a  greater  or  less  extent,  for  the  performance  of  such 
services.  And  to  now  prohibit  them  from  thus  treating  their 
patients  would  be  a  source  of  great  inconvenience  and  in 

1  4  Wigmore,  Evidence,  see.  2382. 

2  21  R.  I.,  288  (1899).  The  Virginia  statute  regulating  the  practice  of  dentistry, 
expressly  provides  that  in  that  State  dentistry  is  "a  specialty  of  medicine  and 
surgery." 


PRIVILEGED  COMMUNICATIONS  169 

many  cases  of  extreme  hardship  and  suffering  to  the  latter, 
as  well  as  an  interference  with  the  proper  and  legitimate 
functions  of  the  former.  And,  as  said  by  defendant's  coun- 
sel, 'any  construction  of  the  law  that  prevents  the  general 
practitioner  from  treating  any  part  of  the  human  body,  or 
restricts  him  in  the  discharge  of  his  professional  duties, 
would  be  a  menace  to  the  public  health  and  would  deprive 
the  physician  of  the  right  to  practise  a  branch  of  his  pro- 
fession that  is  as  old  as  the  history  of  medicine  itself.'  " 

The  privilege  of  refusing  to  testify  is  by  most  of  the 
statutes  given  "to  a  physician  duly  authorized  to  prac- 
tise;" sometimes  to  "a  physician  or  surgeon,"  sometimes  to 
"licensed"  practitioners  simply.  Where  the  words  "duly 
authorized  to  practise"  are  used,  as  in  New  York,  it  has 
been  held  that  if  the  practitioner  were  duly  licensed  to 
practise,  the  fact  that  he  had  never  registered  his  license, 
as  required  by  the  law  of  the  State,  did  not  make  him 
eligible  as  a  witness  to  testify  to  information  received  from 
the  patient.^  He  must,  however,  be  duly  authorized  to 
practise,  and  if  he  is  not,  though  he  does  practise,  and  in 
practising  acquires  information  from  a  patient,  he  is  not 
privileged  as  to  such  information.-  If  his  right  to  claim  the 
privilege  be  contested  on  the  trial,  the  burden  of  proof  is  on 
him  to  establish  the  fact  that  he  is  within  the  terms  of 
the  statute.  The  privilege,  however,  is  the  patient's,  not  the 
practitioner's;  it  is  given  for  the  patient's  protection,  not 
for  the  protection  of  the  dentist.  Therefore,  the  patient  or 
his  attorney  may  waive  the  privilege.  If  he  does  waive  it 
the  dentist  cannot  refuse  to  testify.^ 

The  fact  that  the  dentist  is  the  plaintiff  in  the  cause, 
seeking  to  recover  his  fees,  does  not  affect  the  question. 
He  cannot  in  such  a  case,  more  than  in  any  other,  testify  as 
to  communications  made  to  him  by  the  patient.'' 

On  the  other  hand  where  the  practitioner  is  the  defendant, 

1  McGillicuddy  v.  Farmers'  Loan  and  Trust  Co.,  26  Misc.  (N.  Y.),  55  (1899). 

2  Record  v.  Village  of  Saratoga  Springs,  46  Hun.  (N.  Y.),  448  (1887). 

3  23  Am.  and  Eng.  Enc.  Law  (2d  ed.),  90. 

<  Van  Allen  v.  Gordon,  83  Hun.  (N.  Y.),  379  (1894). 


170  THE  DENTIST  AS  A   WITNESS 

as  where  he  is  sued  by  the  patient  for  malpractice,  the  rule 
of  privilege  does  not  apply  as  to  matters  connected  with  the 
treatment  of  the  disease  or  operation  in  reference  to  which 
the  malpractice  is  alleged;  he  may  in  his  own  defence  testify 
as  to  these  matters.  To  close  his  mouth  in  such  a  case  would 
be  manifestly  unfair. ^ 

As  the  statutes  make  it  a  criminal  offence  for  a  dentist  to 
practise  without  a  license,  and  as  our  constitutions  provide 
that  no  person  shall  be  required  to  incriminate  himself,  a 
dentist,  when  acting  as  a  witness,  may  refuse,  after  testimony 
has  been  introduced  showing  that  he  has  practised  in  the 
State,  to  answer  the  question  whether,  at  the  time  of  such 
practice,  he  was  duly  qualified.  But  the  privilege  of  refusing 
to  answer  is  his  own  and  not  that  of  any  other  party  to 
the  suit,  and  if  he  is  willing  to  answer  the  question  he  may 
do  S0.2 

EXPERT  TESTIMONY 

1.  In  General. — Ordinarily  a  witness  testifying  in  a  case 
must  confine  his  testimony  to  facts,  he  is  not  allowed  to 
state  his  opinion  or  judgment  from  other  facts  as  premises; 
the  jury  are  as  capable  as  he  of  forming  their  opinion. 
When,  however,  due  to  the  peculiar  knowledge  or  special 
qualifications  of  a  witness,  his  opinion  will  add  something 
valuable  which  the  jury  have  not  and  cannot  otherwise 
obtain  from  the  rehearsal  of  facts,  such  opinion  will  be 
received  in  evidence,^ 

While  a  dentist  may  be  called  as  any  other  person  may  to 
testify  to  facts  w^hich  have  come  to  his  knowledge,  it  is  as 
an  expert,  or  person  having  peculiar  qualifications,  that  we 
must  treat  of  him  as  a  witness. 

"Experts"  are  persons  examined  as  witnesses  in  a  cause, 
who  testify  in  regard  to  some  professional  or  technical 
matter  arising  in  the  case,  and  who  are  permitted  to  give 

1  Becknell  v.  Hosier,  10  Ind.  App.,  5  (1893);  Cramer  v.  Hurt,  154  Mo.,  112  (1900). 

2  See  San  Antonio  St.  Ry.  Co.  v.  Muth,  7  Tex.  Civ.  App.,  443  (1894). 

3  See  1  Wigmore,  Ev.,  sec.  557. 


EXPERT  TESTIMONY  171 

their  opinions  as  to  such  matter  on  account  of  their  special 
training,  skill,  or  familiarity  with  it.^ 

The  dentist  is  an  expert  witness  within  the  definition,  and 
therefore  may  be  called  upon  to  give  expert  as  w^ell  as  ordi- 
nary evidence.  The  difference  between  ordinary  and  expert 
evidence  may  be  illustrated  thus.  A  dentist  may  chance  to 
witness  a  street  fight  in  which  A  may  be  injured  by  a  blow 
on  the  jaw,  given  by  B;  the  injury  resulting  in  necrosis  of 
the  jaw.  He  may  be  summoned  to  testify  either  in  a  crimi- 
nal prosecution  against  B  or  in  a  civil  suit  by  A  against  B, 
as  any  other  person  who  saw  the  fight  may  be,  as  to  what  he 
saw;  or,  not  having  seen  the  fight,  he  may  be  called  as  an 
expert  to  give  his  opinion  as  to  whether  or  not  such  a  blow 
having  been  given,  it  could  or  did  cause  the  necrosis.  .  Or 
if  he  saw  the  blow  struck  he  may  be  called  upon  to  testify 
both  as  an  ordinary  witness  as  to  what  he  saw,  and  as  an 
expert  as  to  his  opinion,  from  an  examination  of  B,  whether 
B  suffered  from  necrosis,  and  whether  it  was  or  could  have 
been  caused  by  the  blow.  He  may  also  be  called  as  an  expert 
witness  in  a  suit  for  malpractice  against  another  dentist  to 
give  his  opinion  as  to  the  skill  or  lack  of  it  exercised  by  the 
defendant  dentist  in  treating  the  plaintiff  patient.  The 
position  of  an  expert  witness  is  much  more  difficult  than  that 
of  the  ordinary  witness.  The  latter  testifies  to  facts  he  has 
seen.  If  he  testifies  truthfully  the  worst  he  can  be  con- 
victed of  is  that  of  making  a  mistake  in  what  he  thought  he 
saw.  The  former  testifies  to  his  professional  opinion.  His 
opinion  is  the  result  of  his  knowledge  of  the  learning  of  his 
chosen  profession,  or  that  learning  plus  his  observation  of 
the  dental  facts  involved  in  the  given  case.  If  he  is  con- 
victed of  error  in  his  testimony  it  shows  either  a  lack  of 
learning  in  the  profession  in  which  he  claims  to  be  an  expert, 
or  a  lack  of  care  or  of  ignorance  in  the  observation  of  the 
dental  facts  on  which  his  opinion  is  based.  In  either  case 
his  reputation  as  a  dentist  suffers ;  not  to  speak  of  the 
humiliation  he  undergoes  at  the  time. 

1  Black.,  Law  Diet.  (2d  ed.),  466. 


172  THE  DENTIST  AS  A   WITNESS 

Since  the  opinion  the  dental  expert  will  be  called  to  give 
upon  the  witness  stand  will  be  based  on  his  learning  alone 
or  his  learning  and  his  examination  of  the  facts,  it  is  most 
important  if  he  wishes  both  to  forward  the  cause  of  justice 
and  at  the  same  time  do  himself  credit  that,  before  appearing, 
he  prepare  himself  thoroughly  on  the  dental  aspects  of  the 
case  from  both  points  of  view.  No  matter  how  great  his 
general  learning  in  his  profession,  or  how  long  his  experience, 
he  should  never  wholly  rely  on  them  to  carry  him  through 
the  ordeal  of  examination  and  cross-examination.  He 
should  inform  himself  with  exactness  on  what  point  his 
opinion  is  desired  and  what  his  opinion  is  expected  to  prove 
or  aid  in  proving.  Having  done  this,  he  should,  if  his 
opinion  is  to  be  based  on  dental  facts  which  he  himself  is  to 
investigate,  make  a  careful  and  minute  study  of  those  facts, 
remembering  that  the  same  facts  will  be  studied  by  an  oppos- 
ing expert  of  equal  or  perhaps  superior  ability  to  himself, 
and  that  no  matter  how  great  his  own  learning,  if  he  is 
mistaken  in  his  facts,  his  opinion  based  on  those  facts  will 
be  worthless. 

It  should  be  unnecessary  to  say  that  both  in  investigating 
the  facts  and  in  making  up  his  opinion  when  he  is  not  himself 
called  on  to  investigate  facts,  he  should  begin  with  an  abso- 
lutely open  mind,  unbiased  by  friendship  or  fee  to  incline  to 
one  side  of  the  controversy  or  the  other,  but,  unfortunately, 
the  experience  of  the  courts  with  other  classes  of  experts  has 
shown  the  contrary.  The  opprobrium  that  we  hear  so  often 
visited  on  expert  testimony  is  primarily  due  to  the  fact  that 
experts  so  often  are  to  be  found  who  form  their  opinion  not 
with  an  open  mind  but  in  accordance  with  the  desire  of  the 
side  that  offers  them  the  fee.  The  same  expert  has  even 
been  known  to  testify  to  diametrically  opposite  opinions  on 
the  same  facts  at  different  hearings  of  the  same  case. 

Sometimes  the  expert  is  called  upon  to  give  his  opinion, 
not  upon  facts  investigated  by  himself,  but  upon  facts  testi- 
fied to  by  other  witnesses.  He  may  be  called  in  by  the 
defence  to  rebut  the  force  of  an  opinion  given  by  a  dentist 
for  the  plaintiff.    He  should  in  such  a  case,  before  testifying, 


EXPERT  TESTIMONY  173 

prepare  himself  thoroughly  on  all  phases  of  the  question 
that  may  arise  that  he  may  assist  the  court  in  arriving  at  a 
just  conclusion  and  that  he  may  do  himself  justice  in  his 
professional  capacity.  Particularly,  if  there  may  be  more 
than  one  opinion  about  the  matter  in  dispute — and  there  are 
very  few  matters  that  are  disputed,  about  which  there  may 
not  be  more  than  one  opinion — the  dental  witness  should 
make  himself  familiar  with  the  opinion  of  text  writers  on  the 
subject  and  with  the  reasons  for  the  opinions  they  respectively 
hold.  After  giving  his  own  opinion,  he  will,  most  probably, 
on  cross-examination  be  asked  if  such  and  such  an  authority 
does  not  hold  a  different  opinion.  If  he  does  not  know  and 
so  answers,  his  appearance  of  ignorance  makes  a  bad  im- 
pression and  lessens  if  it  does  not  nullify  the  weight  of  his 
opinion  with  the  jury.  He  will,  of  course,  not  dare  to  guess 
at  an  answer;  it  may  be  a  trap.  While  an  appearance  of 
ignorance  on  the  stand  may  be  bad,  it  is  infinitely  wiser — 
not  to  speak  of  the  moral  aspects  of  the  matter — to  acknowl- 
edge ignorance  than  to  pretend  a  knowledge  not  possessed. 
The  witness  must  remember  that  not  only  is  the  lawyer  who 
is  questioning  him,  probably  coached  by  an  expert,  but  that 
with  a  mind  trained  to  absorb  CLuickly  all  kinds  of  knowledge 
he  himself  knows  considerable  about  the  subject.  It  has 
frequently  happened  that  experts  have  been  confounded 
by  the  minute — or  apparently  minute — knowledge  of  the 
examining  lawyer,  of  the  most  technical  subjects. 

There  are  usually  two  or  three  stages  in  the  examination  of 
the  witness.  In  the  first  stage  of  the  examination,  the  witness, 
after  a  few  questions  designed  to  show  that  he  is  qualified  as 
an  expert  to  give  an  opinion,  is  asked  to  give  his  opinion  on 
some  phase  of  the  case.  Having  given  his  opinion  he  is  then 
turned  over  to  the  opposing  counsel  for  cross-examination. 
The  cross-examination  is  undoubtedly  the  most  potent  engine 
for  extracting  truth ;  it  is  likewise  when  unworthily  used  the 
most  potent  engine  for  the  distortion  of  truth.  Unfortu- 
nately it  is  frequently  made  to  serve  the  latter  purpose. 
The  success  of  the  side  represented  by  the  cross-examiner 
may  depend  on  his  ability  to  mitigate  or  destroy  the  force 


174  THE  DENTIST  AS  A   WITNESS 

of  the  opinion  given  by  the  expert.  This  may  be  accom- 
pHshed  by  forcing  the  expert  to  admit  that  it  is  not  his 
bona  fide  opinion;  by  showing  that  his  opinion  was  formed 
on  insufficient  data;  by  showing  that  though  technically 
he  is  an  expert  yet  from  lack  of  learning  or  experience  his 
opinion  is  not  valuable;  by  showing  that  other  equally 
capable  experts  entertain  a  different  opinion;  by  showing 
that  the  witness  at  another  time  had  expressed  a  different 
opinion;  by  showing  that  the  science  of  dentistry  has  not 
yet  advanced  to  the  point  where  a  reliable  opinion  could  be 
formed  about  the  matter;  by  so  entangling  the  witness  as 
to  make  him  contradict,  or  seem  to  contradict  himself  in 
different  portions  of  his  testimony.  The  witness  on  cross- 
examination  may  be  attacked  on  any  one  or  all  of  these  lines. 
The  only  hope  the  witness  can  entertain  of  withstanding 
these  attacks,  lies  in  his  having  told  the  simple  truth,  with- 
out exaggeration,  evasion,  or  reservation,  in  a  simple  straight- 
forward manner  after  thorough  preparation. 

If  the  witness  does  this  he  need  not  fear  the  most  rigid 
cross-examination.  Indeed,  if  he  does  this,  and  the  lawyer 
on  the  opposing  side  is  a  skilful  one,  there  will  be  little  or  no 
cross-examination,  the  opposing  counsel  will  fear  that  cross- 
examination  will  only  serve  to  strengthen  the  force  of  the 
witness's  opinion  as  given,  and  will  seek  other  means  of 
winning  his  cause. 

As  not  only  what  the  witness  says  on  the  stand  but  also 
the  manner  in  which  he  says  it  is  important,  a  few  words  as 
to  the  latter  may  not  be  inadvisable.  If  the  witness  is  going 
to  testify  at  all  it  should  be  as  a  willing  witness.  He  should 
testify  fully  and  freely  as  to  all  questions  asked  him  with- 
out, however,  volunteering  gratuitous  information.  It  is  im- 
portant that  he  should  not  appear  to  be  keeping  back  his 
evidence.  Such  a  demeanor  prejudices  the  jury  against  him 
and  breaks  the  force  of  his  affirmative  testimony,  while  at 
the  same  time  it  leads  the  attorney  on  the  opposing  side  to 
suspect  that  he  is  withholding  something  that  would  be 
useful  to  him,  and  thus  compels  him  to  a  severer  cross-exam- 
ination to  elicit  it.    Again,  the  witness  should,. in  giving  his 


EXPERT  TESTIMONY  175 

evidence,  avoid  as  far  as  possible  the  use  of  technical  words. 
His  evidence  is  wanted  to  enlighten  the  jury,  not  to  show 
his  own  knowledge.  If  he  interlards  his  testimony  with 
words  with  which  the  jury  are  unfamiliar  he  does  not  serve 
the  purpose  for  which  he  was  called  and  may  bring  ridicule 
on  himself,  as  in  a  case  related  by  Taylor^  in  which,  on  a  trial 
for  assault,  a  surgeon  in  giving  his  evidence  testified  that 
on  examining  the  prosecutor  he  found  him  suffering  "from 
a  severe  contusion  of  the  integuments,  under  the  left  orbit, 
with  great  extravasation  of  blood  and  ecchymosis  in  the 
surrounding  cellular  tissue,  which  was  in  a  tumefied  state, 
and  that  there  was  considerable  abrasion  of  the  cuticle." 
Judge:  "You  mean,  I  suppose,  that  the  man  had  a  black 
eye?"  Witness:  "Yes."  Judge:  "Then  why  not  say  so 
at  once?"  The  dental  witness  should  be  very  careful  to 
refrain  from  the  least  exaggeration  in  all  his  answers,  whether 
in  stating  facts  that  go  to  show  his  qualification  as  an  expert, 
or  in  stating  facts  on  which  his  opinion  is  based,  or  in  stating 
the  opinion  itself.  "  Have  you  been  practising  long.  Doctor  V 
asked  in  a  casual,  deferential  manner  by  the  cross-examiner 
may  be  the  beginning  of  the  undoing  of  the  witness.  "  Doctor, 
have  you  had  much  experience  in  cases  of  this  kind?"  may 
end  in  sending  the  witness  out  of  the  court  room  a  discredited 
man.  The  witness  having  offered  himself  as  an  expert  is 
naturally  desirous  of  maintaining  his  position  as  one,  and 
"long"  is  a  word  of  indefinite  meaning;  but  if  he  answer 
simply  "yes"  and  the  question  that  is  bound  to  follow, 
"How  long.  Doctor?"  must  be  answered  "three  or  four 
years,"  and  "which.  Doctor,  three  or  four?"  must  be  an- 
swered, "Three,"  the  witness  is  already  in  an  unenviable 
position.  More  than  one  expert  witness  has  come  to  grief 
over  the  question,  "Have  you  had  much  experience?" 
Here  the  wdtness  has  two  temptations  to  exaggerate;  the 
desire  to  maintain  his  position  as  an  expert,  and  the  wish  to 
show  that  his  practice  is  an  extensive  one.  The  witness 
would  best  not  answer  "Yes,"  unless  he  be  prepared  to  state 

'  Med.  Jur.,  52. 


176  THE  DENTIST  AS  A   WITNESS 

immediately,  from  memory,  a  sufficient  number  of  cases  he 
has  treated  to  satisfy  a  critical  mind  that  they  warrant 
him  in  saying  he  has  had  much  experience. 

The  questions  when  they  admit  of  the  answer  "Yes,"  or 
"No,"  are  in  general  best  answered  so.  If,  however,  the 
question  is  so  framed  that  a  simple  affirmative  or  negative 
answer  will  not  convey  a  correct  impression,  the  witness 
should  qualify  his  answer.  The  wiles  of  lawyers  sometimes 
make  this  difficult.  As  an  illustration  of  this  may  be  men- 
tioned a  case  recently  tried  in  Philadelphia:  Dr.  X  having 
testified,  was  under  cross-examination.  He  was  an  eminent 
authority  on  the  matter  on  which  he  had  given  his  opinion 
and  was  presumably  known  by  the  jury  as  such,  by  name; 
though  it  was  probable  that  the  jury  did  not  know  the 
expert  of  that  name  by  sight.  The  evidence  he  had  given 
was  so  convincing,  and  given  in  such  a  manner  that  the 
cross-examiner  knew  that  to  cross-examine  him  would  only 
strengthen  the  impression  he  had  already  made.  This  Dr. 
X,  who  was  really  the  great  expert,  lived  on  B  street.  There 
was  another  Dr.  X,  who  was  unknown  as  an  expert,  who 
lived  on  C  street.  The  first  question  of  the  cross-examiner 
was,  "Are  you  the  great  Dr.  X  who  lives  on  C  street?" 
He  was  the  great  Dr.  X,  but  he  did  not  live  on  C  street. 
To  answer  yes  would  have  been  untrue.  To  say  he  was  the 
great  Dr.  X,  but  that  he  lived  on  B  street,  would  have 
seemed  both  to  claim  greatness  and  to  reflect  on  the  other 
Dr.  X.  The  witness  hesitated,  then  answered  "No." 
Whereupon  the  attorney,  in  a  manner  implying  that  the 
witness  was  an  unimportant  one,  dismissed  him  without 
further   questions. 

The  witness  should  give  his  testimony  in  a  confident  and 
decided  but  courteous  and  modest  manner.  He  will  not 
only  not  carry  conviction  if  his  evidence  is  given  in  a  halt- 
ing, undecided  manner,  but  in  thereby  leading  the  opposing 
lawyer  to  believe  that  he  is  not  certain  either  of  his  facts  or 
of  his  opinion  will  draw  upon  himself  a  more  severe  cross- 
examination. 

It  is  necessary  that  great  latitude  be  allowed  counsel  in 


EXPERT  TESTIMONY  177 

cross-examination  that  the  truth  may  be  elicited.  This 
allowance  is  not  infrequently  abused  by  counsel  in  the  en- 
deavor to  frighten  a  timid  witness,  or  to  tempt  a  belligerently 
inclined  witness  to  a  war  of  words,  or  to  make  an  irascible 
one  lose  control  of  his  temper.  If  the  witness  will  preserve 
a  courteous  demeanor  no  matter  what  the  temptation  or 
aggravation  to  depart  from  it,  he  will  foil  all  such  efforts  and 
obtain  the  sympathy  of  the  court  and  jury.  If  he  become 
belligerent  or  lose  his  temper  he  will  play  directly  into  the 
hands  of  his  cross-examiner;  nor  can  he  hope  to  succeed  in 
getting  the  best  of  his  examiner  in  such  a  contest,  for  he  is 
fighting  with  weapons  of  which  his  opponent  is  likely  to  be 
a  master,  and  as  to  which  he,  himself,  is  a  novice. 

2.  Use  of  Books. — In  England  and  in  the  great  majority 
of  States  in  this  Union,  medical  books  are  not  admissible  in 
evidence  to  show  the  opinions  of  their  authors.^ 

The  dental  expert  need  not  necessarily  form  the  opinion 
which  he  testifies  to  as  his  own,  from  his  own  observation, 
experiment,  or  experience.  He  may  form  it  from  his  own 
observation  fortified  by  the  writings  of  standard  writers  on 
the  subject,  or  wholly  from  such  writings.^  In  order  to  be 
admissible,  it  must,  however,  be  the  witness's  own  opinion. 
He  cannot  give  what  is  only  the  opinion  of  others.  In 
Wehner  v.  Lagerfelt^  a  physician  of  thirty-five  years'  practice, 
being  called  as  an  expert  witness  to  testify  whether  a  shock 
from  electricity,  such  as  had  been  received  by  the  appellee, 
would  leave  a  permanent  injury,  stated  that  he  had  read  the 
best  authorities  on  the  subject,  and  knew  what  the  authori- 
ties said  and  claimed  to  be  the  result  of  electricity  upon  the 
human  system;  but  that  he  did  not  feel  qualified  to  give  an 
opinion.  The  court  held  that  the  trial  court  was  correct  in 
refusing  to  permit  the  witness  to  testify,  saying:  "He  only 
knew  what  the  books  said  upon  the  subject.  It  was  not 
sought  to  be  shown  that  he  had  formed  an  opinion  from  the 
books,  or,  if  he  had,  what  such  opinion  was.    While  an  expert 

1  Contra,  Iowa  and  Alabama;  see  State  v.  Winter,  72  Iowa,  627  (18S7) ;  Stoudenmeier 
V.  Williamson,  29  Ala.,  558  (1857). 

2  Rogers,  Expert  Testimony,  sec.  19.  ^  27  Tex.  Civ.  App.,  520  (1901). 

12 


178  THE  DENTIST  AS  A   WITNESS 

may  testify  to  an  opinion  of  his  own,  derived  from  books,  for 
one  to  do  so,  he  must  be  an  expert,  and  have  an  opinion  of 
his  own,  upon  the  subject  of  inquiry.  Books  of  science  and 
art  are  not  admissible  in  evidence  to  prove  the  opinions 
contained  therein.  Lawson  on  Exp.  Ev.,  202.  If  they  are 
not,  how  can  anyone  who  knows  their  contents,  but  has 
formed  no  opinion  of  his  own  upon  the  subject  under  con- 
sideration, be  allowed  to  testify  to  what  the  books  say?" 
Dental  books  of  standard  authority  may  be  used  by  the 
witness  on  the  stand  to  refresh  his  knowledge,  but  again  his 
opinion  when  expressed  must  be  his  own  opinion.  The  dental 
witness  may  also  state  the  authority  or  authorities  from 
which  he  derived  his  opinion,  but  he  cannot  testify  what  such 
work  contains  nor  can  he  read  to  the  jury  from  such  book,^ 
as  that  would  be  an  indirect  way  of  getting  the  book  itself  in 
evidence. 

As  the  dental  witness  is  not  allowed  to  read  extracts  from 
dental  books  to  the  jury  where  the  books  themselves  are  not 
admissible  in  evidence,  so,  and  for  the  same  reason,  counsel 
in  the  examination  in  chief  of  the  witness  cannot  read 
extracts  from  such  books  and  then  ask  the  witness  if  he 
agrees  or  disagrees  with  what  is  read.^ 

Neither  will  the  opposing  counsel,  in  cross-examining  the 
witness  be  allowed  to  do  the  same  thing,  where  it  appears 
it  is  for  the  purpose  of  getting  the  extracts  in  evidence  to 
sustain  the  contention  of  the  cross-examiner.^  Where,  how- 
ever, a  dental  witness  has  referred  to  a  treatise  as  authority 
for  an  opinion  he  has  expressed,  the  book  is  admissible  in 
evidence  for  the  purpose  of  contradicting  the  witness.  In 
Clark  V.  Commonwealth,^  which  was  a  trial  for  murder 
committed  in  performing  an  abortion,  a  medical  witness 
stated  that  the  decidua  reflexa  was  not  atrophied  until  after 
six  months,  and  he  also  stated  that  he  had  read  the  author- 
ities, and  they  so  held;  that  he  had  read  Hearst,  and  he  so 
held.    The  witness  was  asked  on  cross-examination  if  Hearst 

1  See  Huffman  v.  Click,  77  N.  C,  55  (1877). 

2  Lawson,  Exp.  Ev.  (2nd  ed.),  216.  3  Ibid. 
*  111  Ky.,  443  (1901). 


EXPERT  TESTIMONY  179 

did  not  state  on  page  143  that  the  decidua  was  atrophied 
at  three  months,  to  which  question  counsel  for  the  State 
objected,  and  the  trial  court  sustained  the  objection.  On 
appeal,  the  Court  of  Appeals  held  the  question  was  admis- 
sible. After  citing  many  authorities  the  court  said:  "We 
think  such  must  be  the  sound  view;  otherwise,  an  igno- 
ramus in  a  profession  might,  by  an  assertion  of  learning, 
declare  the  most  absurd  theories  to  be  the  teachings  of 
science  of  which  he  was  a  professed  expert,  and,  when  pressed 
upon  cross-examination  as  to  either  his  own  experience  or 
the  basis  of  his  learning,  would  be  enabled  to  hide  behind 
the  formidable  name  of  some  standard  author,  and  thus 
foist  upon  the  jury  a  most  hurtful  falsehood  as  a  scientific 
deduction,  asserted  by  the  most  eminent  in  the  profession, 
solemnly  declared  and  promulgated  by  him  for  the  guidance 
of  his  brethren  and  the  service  of  mankind.  Therefore,  in  a 
case  where  such  a  witness  makes  such  an  attempt,  it  is  just 
and  reasonable  that  the  opposite  side  should  be  permitted 
to  test  the  truthfulness  of  his  statement,  and  expose  his 
ignorance  or  mendacity  by  either  compelling  him  to  admit 
upon  an  inspection  of  the  authority  that  it  does  not  sustain 
his  views,  or  by  reading  the  authority  to  the  jury  to  prove 
that  it  does  not,  and  that  the  witness,  either  through  igno- 
rance or  base  motive,  has  falsely  deposed."  So  it  is  compe- 
tent on  cross-examination,  for  the  purpose  of  impeaching 
the  witness,  only,  to  read  to  him  extracts  from  standard 
authorities  upon  the  subject  matter  on  which  he  has  testi- 
fied, and  then  to  ask  him  if  he  agrees  or  disagrees  with  the 
authority  cited. ^  Thus,  counsel  may  ask  the  witness  who  has 
given  a  certain  opinion,  "Does  not  Doctor  Blank,  the  great 
authority,  on  page  60,  say  thus  and  so?"  When  this  is  done 
the  witness  should  always  ask  to  see  the  passage  cited  before 
answering.  It  is  possible  that  counsel  misunderstands  what 
Dr.  Blank  really  says,  or  that  Dr.  Blank  may  say  it,  but 
may  qualify  it  in  the  next  sentence. 

Likewise  the  knowledge  of  the  witness  may  be  tested  on 

1  Sale  V.  Eichberg,  105  Tenn.,  333  (1900). 


180  THE  DENTIST  AS  A   WITNESS 

cross-examination,  by  asking  him  if  he  has  read  a  certain 
book  on  the  subject  involved.^ 

Re-examination. — After  the  cross-examination  of  the  witness 
is  finished,  he  may  be  re-examined  by  the  attorney  by  whom 
the  witness  was  called.  The  purpose  of  this  examination  is 
to  allow  the  witness  to  correct  any  false  impressions  he  may 
have  been  led  into  creating  under  cross-examination,  by 
explaining,  qualifying,  or  even  correcting  any  statements 
then  made  by  him. 

1  Darby  v.  Ouaeley,  36  Eng.  L.  and  Eq.,  518  (1856).      • 


CHAPTER   IX 

LIABILITY  OF   THE   DENTIST   TO   JURY  DUTY 

The  statutes  of  some  States  contain  a  provision  expressly 
excusing  dentists  from  serving  on  juries.^  Under  such 
statutes  a  dentist  cannot  be  compelled  to  serve  as  a  juror. 
The  exemption  is  a  privilege,  however,  not  a  disqualification, 
and  if  a  dentist  who  has  been  drawn  on  the  jury  chooses  to 
serve  he  cannot  be  rejected  by  the  parties  to  the  suit  merely 
because  of  his  exemption. ^ 

In  the  absence  of  a  statute  expressly  exempting  dentists 
from  jury  service  they  are  liable  to  such  service  unless  they 
are  held  by  the  court  to  come  within  the  designation  of  some 
other  class  of  persons  who  are  exempted  by  statute.  Physi- 
cians are  generally  exempt  by  statute,  and  those  courts  of 
which  there  are  an  increasing  number,  which  tend  to  assimi- 
late the  profession  of  dentistry  to  medicine,  may  be  expected 
to  hold  that  dentists  are  included  within  the  terms  of  the 
statute  exempting  physicians.  The  question  has  arisen  once 
under  such  a  statute  in  State  x.  Fisher.^  In  this  case  a 
dentist  claimed  to  be  exempt  under  a  statute  exempting  a 
"person  exercising  the  functions  of  a  .  .  .  practitioner 
of  medicine."  The  court  by  a  bare  majority,  four  to  three, 
decided  that  the  dentist  did  not  come  within  the  terms  of 
the  statute  strictly  construed.  Sherwood,  J,,  for  the  majority 
said:  "Relator  claims  the  force  and  benefit  of  a  certain 
exception  which,  he  asserts,  takes  his  case  out  of  the  opera- 
tion of  the  general  statute  which  compels  the  performance 
of  jury  duty  by  all  male  citizens,  residents,  etc.,  etc.  In 
order  to  avail  himself  of  such  exception,  he  must  show  that 

1  See  statutes,  post,  p.  ISG  et  seq.  2  24  Cyc,  20S. 

3  119  Mo.,  3-44  (1S93). 


182     LIABILITY  OF  THE  DENTIST  TO  JURY  DUTY 

his  case  falls  strictly  within  it,  since  exceptions,  privileges, 
and  exemptions  are  not  favored  in  the  law.  And,  in  this 
investigation,  the  familiar  rule  laid  down  by  Lord  Bacon  is 
peculiarly  apposite,  '  that,  as  exceptions  strengthen  the  force 
of  a  general  law,  so  enumeration  weakens,  as  to  things  not 
enumerated.'  Page  v.  Allen,  58  Pa.  St.,  338.  Service  on 
juries  is  one  of  the  general  burdens  imposed  upon  the  male 
citizens  of  a  State,  and  all  men  who  receive  the  advantages 
of  government  are  bound  to  contribute  to  its  support,  and 
'  none  can  claim  exemption,  unless  the  exemption  be  so  clearly 
expressed  in  the  statute  as  to  admit  of  no  other  construction.' 
Miller  v.  Kirkpatrick,  29  Pa.  St.,  226.  The  State  has  an 
inherent  and  indisputable  right  to  the  service  of  all  her  male 
citizens  as  jurors,  and,  therefore,  any  statute  which  strips 
the  government  of  any  portion  of  its  prerogative  in  this  re- 
gard, by  giving  exemption  from  this  general  burden,  should 
receive  a  strict  construction.  Academy  v.  Philadelphia 
County,  22  Pa.  St.,  496.  It  cannot  be  successfully  claimed 
that  relator  finds  any  exemption  in  the  terms  of  the  statute, 
for  certainly  he  is  not  a  'practitioner  of  medicine  and  surgery 
in  any  of  their  departments,'  as  defined  in  section  6871,  nor 
does  he  exhibit  the  qualifications  reciuired  by  that  section, 
to  wit,  a  diploma  from  a  legally  chartered  medical  institu- 
tion in  good  standing  and  a  certificate  from  the  board  of 
health.  His  contention,  stripped  of  all  verbiage  and  dis- 
guises, and  stated  baldly  and  boldly,  simply  is,  that,  inas- 
much as  he  possesses  a  diploma,  granted  him  by  a  reputable 
dental  college,  and  a  certificate  of  the  city  register  showing 
the  filing  of  that  diploma  and  the  enrolment  of  his  name 
on  the  '  Roll  of  Dental  Surgeons,'  that,  therefore,  he  is  entitled 
to  the  same  exemptions  from  jury  service  as  if,  instead  of 
qualifying  under  the  provisions  of  section  6889,  he  had 
actually  qualified  under  those  of  section  6871.  This  con- 
tention, for  reasons  already  given,  cannot  prevail;  it  will 
not  bear  a  moment's  scrutiny.  Either  relator  is  a  practi- 
tioner of  medicine  and  surgery,  or  he  is  not.  If  not,  that 
determines  this  litigation  against  him;  if  he  is  such  a  prac- 
titioner, then  this  fact  avails  him  nothing  until  he  complies 


LIABILITY  OF  THE  DENTIST  TO  JURY  DUTY      183 

with  the  terms  and  conditions  of  section  6871  and  its  associate 
sections.  The  law  by  the  terms  it  employs,  means  a  lawful 
'practitioner  of  medicine/  not  one  who  fails  to  comply 
with  its  requirements.  Relator  makes  no  pretence  of  such 
compliance.  The  statute  in  question  being  couched  in 
unambiguous  terms,  its  words  are  to  be  taken  '  in  their  plain 
or  ordinary  and  usual  sense.'  R.  S.  1889,  sec.  6570." 
Brace,  J.,  delivering  the  opinion  of  the  minority,  said: 
"Service  upon  a  jury  of  the  country  is  a  privilege  as  well 
as  a  duty,  and,  however  regarded  by  the  individual  in  any 
particular  case  is,  in  fact  and  in  law,  a  position  of  honor  and 
trust  charged  with  the  gravest  responsibility,  from  the  dis- 
charge of  the  duties  of  which  no  citizen  ought  to  be  ex- 
empted who  is  personally  fit  for  the  position,  except  for  the 
general  welfare.  Exemption  from  jury  service  is  not  granted 
as  a  personal  favor,  but  for  the  public  comfort  and  con- 
venience, and  in  the  light  of  this  reason  for  its  existence, 
should  the  law  governing  such  service  be  interpreted  and 
administered. 

"While  the  law  on  this  subject  and  the  reason  for  its 
existence  remains  the  same  to-day  as  on  the  day  of  its  first 
enactment,  its  application  now  is  not  so  simple  as  it  was  in  the 
beginning,  and  for  many  years  thereafter.  While  the  early 
practitioners  of  medicine  in  the  State  were  not  necessarily 
M.  D.'s  or  doctors  of  medicine  in  the  technical  sense  of  the 
schools,  they  were  all  called  doctors,  and  as  such  exercised 
the  functions  of  doctors  of  medicine,  surgeons,  and  dentists 
and  generally  treated  indiscriminately  all  the  ailments  that 
human  flesh  and  bone  is  heir  to,  whether  external  or  internal, 
according  to  the  light  they  possessed ;  and  such  continued  to 
be  the  case  down  to  the  memory  of  the  present  generation, 
and  doubtless  still  remains  so  in  many  of  the  rural  districts 
of  the  State.  But  in  the  cities  and  more  populous  districts 
we  find  now  the  functions  formerly  exercised  by  the  doctor 
or  practitioner  of  medicine  of  the  olden  time  divided  up  and 
exercised  by  specialists,  each  confining  himself  generally  to 
the  practice  of  a  particular  branch  or  department  of  the 
science,  such  as  surgeons,  dentists,  oculists,  aurists,  etc. 


184     LIABILITY  OF  THE  DENTIST  TO  JURY  DUTY 

"  While  dentistry,  as  an  independent  calling,  may  have  an 
humble  and  comparatively  recent  origin,  it  has  now  become 
a  very  important  branch  of  medical  science  (address  N.  S 
Davis,  M.D.,  Pres.  Amer.  Med.  Assoc),  and  there  are  but 
few  who  have  arrived  at  the  age  of  those  who  are  usually 
called  to  serve  as  jurors,  who  would  not  testify  that  when 
the  exercise  of  its  functions  becomes  necessary,  it  is  as  exigent 
as  the  exercise  of  most  of  the  other  functions  of  the  general 
practitioner.  The  fact  that  this  branch  of  the  medical 
profession  has  grown  to  such  proportions  as  to  have  its  own 
independent  colleges,  and  to  confer  its  own  degrees,  and  that 
it  has  become  necessary  that  its  practice  should  be  regulated 
by  statute  (2  R.  S.  1889,  chap.  110,  art.  3),  indicates  the 
importance  of  the  exercise  of  its  functions  to  the  public 
welfare.  The  fact  that  it  is  regulated  in  a  separate  article 
and  as  an  independent  calling  from  that  of  an  M.  D.,  does 
not  in  any  manner  affect  the  character  of  those  functions. 

"When,  in  1874,  the  legislature  first  began  the  regulation 
of  the  practice  of  medicine,  by  general  law,  they  were  careful 
to  preserve  the  exercise  of  the  functions  of  the  old  practi- 
tioner of  medicine  to  him,  by  exempting  him  from  the  opera- 
tion of  its  provisions  (Laws,  1874,  p.  Ill,  sec.  3,  and  1877, 
p.  343,  sec.  1).  And  whatever  changes  may  have  been  made 
in  the  law  since  on  this  subject,  the  question  of  jury  service 
or  exemptions  therefrom  is  not  treated  therein,  and  they  have 
nothing  to  do  wdth  the  question  in  hand.  The  relator  under 
the  present  law"  is  authorized  to  exercise  all  the  functions  thus 
recognized  that  belong  to  his  department  of  medicine.  They 
are  now  more  extensive,  more  important,  and  more  exigent 
to  the  public  welfare  than  they  were  ever  before.  He  is 
within  the  purview  of  both  the  letter  and  reason  of  the  law 
that  exempts  "a  practitioner  of  medicine"  from  jury  duty, 
and  should  have  a  peremptory  writ  commanding  his  dis- 
charge. In  these  views  Black,  C.  J.,  and  Macfarlane,  J., 
concur." 

It  being  remembered  that  exemption  from  jury  service  is 
given  not  for  the  benefit  of  the  individual,  but  the  public, 
a  distinction  might  well  be  made  between  the  dentist  and 


LIABILITY  OF  THE  DENTIST  TO  JURY  DUTY     185 

the  physician  or  surgeon.  Dentists  sometimes  feel  it  a 
hardship  that  they  are  obhged  to  close  their  offices  for  a 
week,  with  the  consequent  financial  loss,  to  do  jury  service; 
but  they  should  remember  that  the  merchant,  the  carpenter, 
and  the  financier  are  under  the  same  compulsion;  and  that 
the  loss  is  as  great  in  comparison  in  those  cases  as  in  his 
own.  Physicians,  along  with  members  of  jfire  companies, 
policemen,  militiamen,  and  others  are  excused  not  because 
of  the  loss  that  would  be  entailed  by  serving,  but  because 
of  the  exigency  of  their  employment.  This  exigency  does 
not  exist,  generally,  to  the  same  extent,  in  the  case  of  the 
dentist.  Comparatively  speaking,  the  public,  as  represented 
by  the  patients  of  the  dentist,  on  the  one  hand,  and  the 
physician  or  surgeon  on  the  other,  will  not  be  likely  to  suffer 
as  much  from  the  delay  occasioned  by  the  temporary  with- 
drawal from  practice  of  the  former  as  of  the  latter. 


CHAPTER    X 

STATUTES  REGULATING  THE  PRACTICE  OF  DENTISTRY 

ALABAMA 

1911,  March  21,  Gen.  Laws,  page  122. 

Section  1.  That  on  and  after  the  passage  of  this  act,  it 
shall  be  unlawful  for  any  person,  firm,  or  corporation  not 
hcensed  as  a  dentist  or  dentists  within  the  meaning  of  this 
act,  to  engage  in  the  practice  of  dentistry,  or  any  of  its 
branches,  in  this  State;  and  it  shall  be  unlawful  for  the 
owner  or  manager  of  a  dental  office,  dental  parlor,  or  other 
place  of  business,  to  cause  or  permit  any  person  who  is  not 
duly  and  legally  licensed  as  a  dentist  to  practise  dentistry, 
or  any  of  its  branches,  in  such  office,  parlor,  or  other  place 
of  business;  provided,  however,  that  a  student  of  dentistry 
may  be  permitted  to  remain  in  an  office  and  practise  under 
the  supervision  of  a  legal  practitioner  of  dentistry  in  the 
interim  between  sessions  for  a  total  period  of  time  not  to 
exceed  twelve  months. 

Section  2.  That  all  persons  now  registered  or  licensed  as 
dentists  under  the  laws  of  the  State  of  Alabama,  shall  be 
entitled  to  continue  in  the  practice  of  said  profession  unmo- 
lested by  the  provisions  of  this  act. 

Section  3.  Any  person  who  shall  hereafter  desire  a  license 
to  practise  dentistry  in  this  State  shall  file,  or  cause  to  be 
filed,  with  the  secretary  of  the  Board  of  Dental  Examiners 
an  application  in  writing,  and  under  oath  setting  forth  the 
name  and  age  of  the  applicant,  the  school  or  college  from 
which  he  or  she  graduated;  and  shall  appear  at  such  time 
and  place  as  shall  be  designated  by  said  board  of  dental 
examiners  and  submit  to  an  examination,  both  practical 
and  theoretical,  as  to  his  or  her  qualifications  for  registration 
as  a  licensed  dentist. 


ALABAMA  187 

Section  4.  No  person  shall  be  licensed  as  a  dentist  under 
the  provisions  of  this  act  who  is  not  twenty-one  years  of  age, 
and  of  good  moral  character;  nor  until  he  or  she  shall  present 
to  the  said  board  of  dental  examiners  satisfactory  evidence 
that  he  or  she  has  graduated  in  dentistry  at  some  reputable 
school  or  college  of  dentistry  recognized  by  the  National 
Association  of  Dental  Faculties;  and  shall  also,  upon  exami- 
nation, attain  an  average  grade  of  75  per  cent,  on  all  dental 
branches. 

Section  5.  That  if,  upon  examination  and  investigation, 
said  board  of  dental  examiners  shall  determine  that  the 
applicant  possesses  the  necessary  qualifications  as  to  char- 
acter and  education  as  herein  provided,  they  shall  enroll  his 
or  her  name  upon  a  register  to  be  kept  by  said  board  for  that 
purpose,  and  issue  to  him  or  her  a  license,  which  said  license 
shall  entitle  such  person  to  practise  dentistry  in  the  State 
of  Alabama  for  life. 

Section  6.  That  on  and  after  the  passage  of  this  act  it 
shall  be  unlawful  for  said  board  of  examiners  to  grant  a  tem- 
porary license  or  permit  to  practise  dentistry,  or  any  of  its 
branches  to  any  person,  firm,  or  corporation;  except  that  a 
person  coming  into  this  State  at  a  time  between  the  regular 
meetings  of  the  board,  and  who  holds  a  permanent  license  as 
a  dentist  granted  by  any  Board  of  Dental  Examiners  in  the 
United  States,  may  be  granted  a  permit  to  practise  during 
the  interim  between  the  time  of  making  application  for  a 
license  and  the  time  of  the  next  meeting  of  the  Board  of 
Dental   Examiners. 

Section  7.  That  the  license  herein  provided  for  must  be 
signed  by  the  president  of  the  board  and  countersigned  by  the 
secretary,  and  must  within  thirty  days  after  the  granting 
thereof,  be  filed  and  recorded  in  the  office  of  the  judge  of 
probate  of  the  county  of  the  residence  of  the  person  to  whom 
it  is  issued;  and  after  the  same  has  been  recorded,  the  judge 
of  probate  shall  endorse  thereon,  and  certify  under  the  seal 
of  the  court,  the  fact  of  its  record,  and  the  time  of  its  filing, 
and  for  which  he  is  entitled  to  a  fee  of  one  dollar. 


188     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  8.  That  such  Hcenses  so  recorded  and  certified 
shall  be  evidence  of  authority  of  the  person  therein  named 
to  practise  dentistry,  and  if  the  same  is  lost  or  destroyed  a 
certified  copy  of  the  record  shall  be  sufficient. 

Section  9.  That  any  person  who  shall  engage  in  the 
practice  of  dentistry,  or  any  of  its  branches  without  being 
duly  licensed  as  herein  provided  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof  shall  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  five  hundred 
dollars,  and  in  addition  thereto,  upon  a  second  conviction 
may  be  sentenced  to  hard  labor  in  the  county  jail  for  a 
period  of  not  less  than  thirty  days  and  not  more  than  ninety 
days. 

Section  10.  That  any  license  to  practise  dentistry  ob- 
tained through  fraud,  or  by  any  false  or  fraudulent  represen- 
tation or  practice  shall  be  void;  and  any  person  who  shall 
procure  by  false  or  fraudulent  representation  or  practice 
such  license;  or  who  shall  make  any  false  or  fraudulent 
representation  for  the  purpose  of  procuring  such  license 
shall  be  deemed  guilty  of  a  misdemeanor  and  on  conviction 
thereof,  shall  be  fined  not  less  than  fifty  dollars,  nor  more 
than  three  hundred  dollars. 

Sections  11  to  14.  Board  of  Dental  Examiners;  Duties; 
Organization;  Quorum. 

Section  15.     Salary  of  officers. 

Section  16.  Each  applicant  for  license  to  practise  den- 
tistry in  this  State  shall  pay  to  the  Secretary  of  the  Board  of 
Dental  Examiners  at  the  time  of  filing  his  application  an 
examination  fee  of  ten  dollars. 

Section  17.  It  shall  be  the  duty  of  said  Board  of  Dental 
Examiners  to  investigate  all  charges  of  violations  of  this  act, 
or  any  other  laws  of  this  State  regulating  the  practice  of 
dentistry,  brought  to  their  knowledge;  and  whenever  there 
has  been  a  violation  of  said  laws  or  when  advised  by  any 
legal  member  of  the  profession  that  there  has  been  a  viola- 
tion of  the  provisions  of  this  act,  or  either  of  them,  it  shall 
be  the  duty  of  said  board,  through  its  secretary,  to  report 
such  violations  to  the  circuit  or  county  solicitor,  or  other 


ARIZONA  189 

prosecuting  officer,  of  the  county  in  which  such  ^'iolation 
is  alleged  to  have  occurred,  whose  duty  it  shall  be  to  prose- 
cute for  all  ^dolations  of  this  act. 

Section  18.  Any  person  violating  any  of-  the  provisions 
of  this  act,  not  herein  specifically  provided  for,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof,  shall  be  fined  not  less  than  fifty  dollars  and  not 
more  than  five  hundred  dollars. 

Section  19.  All  laws  and  parts  of  laws,  both  general  and 
special,  in  conflict  with  the  provisions  of  this  act,  are  hereby 
expressly  repealed. 

ARIZONA 

1903,  March  17,  Gen.  Laws,  p.  41. 

An  act  regulating  the  practice  of  dentistry;  to  insure  the 
better  education  of  practitioners  of  dental  surgery,  and  to 
regulate  the  practice  of  dentistry  in  the  territory  of  Ari- 
zona, providing  penalties  for  the  violation  hereof,  and  to 
repeal  all  acts  now  in  force  relating  to  the  same. 

Section  1.  It  shall  be  unlawful  for  any  person  to  engage 
in  the  practice  of  dentistry  in  the  territory  of  Arizona  unless 
said  person  shall  have  obtained  a  license  from  a  board  of 
dental  examiners,  duly  authorized  and  appointed  under 
the  provisions  of  this  Act  to  issue  licenses;  provided  that 
this  act  shall  not  affect  the  right  under  the  laws  of  the 
Territory  of  Arizona,  of  dentists  to  practise  dentistrj^  who 
have  lawful  right  to  practise  dentistry  at  the  time  of  the 
passage  of  this  Act. 

Sections  2,  3,  4.  Creation  and  duties  of  Board  of 
Examiners. 

Section  5.  Any  person  or  persons  who  shall  desire  to 
begin  the  practice  of  dentistry  in  the  territory  of  Arizona, 
after  the  passage  of  this  act,  shall  file  his  name,  together 
wdth  an  application  for  examination,  with  the  secretary  of 
the  Territorial  Board  of  Dental  Examiners,  and  at  the  time 
of  making  such  application  shall  pay  to  the  secretary  of  said 
board  a  fee  of  twenty-five  dollars,  ($25.00)  and  shall  present 


190      STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

himself  at  the  next  meeting  thereafter  of  said  board,  to 
undergo  examination  before  that  body.  The  examination 
fee  shall  in  no  case  be  refunded  where  the  applicant  has 
proved  himself  eligible  to  examination. 

Section  6.  Xo  person  shall  be  eligible  for  examination 
by  the  Territorial  Board  of  Examiners  who  shall  not: 

1st.  Furnish  satisfactory  evidence  of  having  graduated 
from  a  reputable  dental  college  of  the  United  States  of 
America,  which  must  be  a  member  of  the  National  Asso- 
ciation of  Dental  College  Faculties. 

2d.  Or  who  shall  have  graduated  from  a  high  school  or 
similar  institution  of  learning,  in  this  Territory  or  some 
other  State  or  Territory  of  [or]  the  United  States,  requiring 
a  four  years'  course  of  study,  and  who  can  furnish  to  the 
board  of  dental  examiners  an  affidavit  containing  his  or 
her  name,  the  name  of  his  or  her  preceptor,  and  the  name  of 
at  least  two  reputable  T^dtnesses,  certified  to  before  a  notary 
public,  showing  that  he  or  she  has  completed  an  apprentice- 
ship of  three  years  of  twelve  months  each,  with  a  licensed 
practitioner  of  dentistry;  or 

3d.  Can  furnish  to  said  Board  of  Dental  Examiners  a 
certificate  from  the  State  Board  of  Dental  Examiners  or 
similar  body  of  some  other  State  or  Territory  in  the  United 
States,  showing  that  he  or  she  has  been  a  licensed  practi- 
tioner of  dentistry  in  that  State  or  Territory  for  at  least 
five  years. 

Said  board  shall  have  the  power  to  determine  the  good 
standing  of  any  college  or  colleges  from  which  such  diplomas 
may  have  been  granted.  The  examinations  shall  be  ele- 
mentary and  practical  in  character,  but  sufficiently  thorough 
to  test  the  fitness  of  the  candidate  to  practise  dentistry.  It 
shall  include,  written  in  the  English  language,  questions  on 
the  following  subjects:  anatomy,  physiology,  chemistry, 
materia  medica,  therapeutics,  metallurgy,  histology-,  path- 
ology, operative  and  mechanical  dentistry,  oral  surgery  and 
also  demonstrations  of  their  skill  in  operative  and  mechanical 
dentistry.  The  papers  of  all  candidates  shall  be  taken  as 
evidence  of  his  or  her  educational  qualifications  in  English, 


ARIZONA  191 

composition  and  grammar.  All  persons  successfully  passing 
such  examinations  shall  be  registered  as  licensed  dentists  in 
the  board  register  provided  for  in  section  3,  and  also  receive 
a  certificate  of  such  enregistration,  said  certificate  to  be 
signed  by  the  president  and  secretary  and  treasurer  of  the 
board. 

Section  7.  Recipients  of  said  certificate  of  registration 
shall  present  the  same  for  record  to  the  clerk  of  the  district 
court  of  the  county  in  Avhich  they  reside,  and  shall  pay  a 
fee  of  fifty  cents  to  said  clerk  for  registration  of  the  same. 
Any  failure,  neglect,  or  refusal  on  the  part  of  any  person 
holding  such  certificate  or  copy  of  record  to  file  the  same  for 
record,  as  hereinbefore  provided,  within  sixty  days  from  the 
issuance  thereof,  shall  forfeit  the  same.  Said  board  shall 
be  entitled  to  the  fee  of  five  dollars  for  the  re-issue  of  any 
certificate,  and  the  clerk  of  the  district  court  shall  be 
entitled  to  the  fee  of  one  dollar  for  making  and  certifying  a 
copy  of  the  record  of  any  such  certificate. 

Section  S.  All  persons  shall  be  said  to  be  practising  den- 
tistry within  the  meaning  of  this  act,  who  shall,  for  a  fee  or 
salary,  or  any  other  reward  paid  either  to  himself  or  any 
other  person,  for  operations  or  parts  of  operations  of  any 
kind,  treat  diseases  or  lesions  of  the  human  tooth  or  jaws, 
or  correct  malpositions  thereof,  or  display  a  sign,  or  in  any 
way  advertise  him  or  herself  as  a  dentist,  or  if  it  be  shown 
by  the  testimony  of  two  or  more  reputable  witnesses  that  he 
or  she  has  performed  any  operation  upon  the  teeth;  and  any 
person  who  shall,  after  the  passage  of  this  act,  use  any  other 
than  his  or  her  individual  name,  or  in  case  of  a  firm,  the  name 
of  the  individuals  composing  the  firm,  as  dentists,  shall  be 
liable  to  the  penalties  hereinafter  provided  for  the  violation 
of  the  provisions  of  this  act.  This  act  shall  not  conflict  with 
the  rights  and  pri\-ileges  of  physicians  and  surgeons  in  the 
discharge  of  their  duties. 

Section  9.  Any  person  who  shall  knowingly  or  falsely 
claim  or  pretend  to  have  or  hold  a  certificate  of  enregistra- 
tion, diploma,  or  degree  granted  by  a  society  or  by  said 
board,  or  who  shall  falsely  and  with  intent  to  deceive  the 


192      STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

public,  claim  or  pretend  to  be  a  graduate  from  any  incor- 
porated dental  college,  not  being  such  graduate,  shall  be 
deemed  guilty  of  a  misdemeanor  and  shall  be  liable  to  the 
penalties  hereinafter  provided  for  in  Section  10  of  this  act. 

Section  10.  Any  person  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  may  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  two  hundred  dollars  or 
to  be  confined  not.  less  than  three  months  nor  more  than  six 
months  in  the  county  jail,  or  both,  for  each  and  every 
offence. 

Section  11.  Compensation  of  Board. 
Section  12.  Every  registered  dentist  shall  in  each  and 
every  year  after  the  passage  of  this  act  pay  to  said  board 
of  examiners  the  sum  of  one  dollar  as  a  license  for  each  year. 
Such  payment  shall  be  made  prior  to  May  1st,  in  each  and 
every  year,  and  in  case  of  default  in  such  payment  by  any 
person,  his  or  her  certificate  may  be  revoked  by  the  board 
of  examiners  upon  twenty  days'  notice  of  the  time  and  place 
for  considering  such  revocation.  But  no  license  shall  be 
revoked  for  such  non-payment  if  the  person  so  notified  shall 
pay  before  or  at  such  consideration  his  or  her  fee  and  such 
penalty  as  may  be  imposed  by  said  board.  Provided,  that 
said  Board  may  impose  a  penalty  of  ten  dollars  and  no  more 
on  any  one  so  notified  as  a  condition  of  allowing  his  or  her 
Hcense  to  stand.  Provided,  further,  that  said  board  of 
examiners  may  collect  such  dues  by  suit. 

Section  13.  Any  person,  company,  or  association  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punishable  with  a  fine  of  not  less  than  five  hundred 
dollars,  or  by  imprisonment  for  not  less  than  six  months,  or 
by  both  fine  and  imprisonment: 

1.  Who  shall  barter,  or  ofPer  to  sell  or  barter,  any  diploma, 
or  document  conferring  or  purporting  to  confer  any  dental 
degree,  or  any  certificate  or  transcript,  made  or  purporting 
to  make,  pursuant  to  the  laws  regulating  the  license  and 
registration  of  dentists;  or 


ARKANSAS  193 

2.  Who  shall  purchase  or  procure  by  barter,  any  such 
diploma,  certificate  or  transcript,  with  intent  that  the  same 
shall  be  used  as  evidence  of  the  holder's  ciualification  to 
practise  dentistry  or  in  fraud  of  the  laws  regulating  such 
practice;  or 

3.  Who  shall,  with  fraudulent  intent,  alter  in  a  material 
regard  any  such  diploma,  certificate  or  transcript;  or 

4.  Wlio  shall  use  or  attempt  to  use  any  such  diploma,  cer- 
tificate or  transcript,  which  has  been  purchased,  fraudu- 
lently issued,  counterfeited,  or  materially  altered,  either  as  a 
license  or  color  of  license  to  practise  dentistry  or  in  order 
to  procure  registration  as  a  dentist;  or 

5.  Wlio  shall  practise  dentistry  under  a  false  or  assumed 
name;  or 

6.  Any  person  who,  in  an  affidavit  or  examination,  re- 
quired of  an  applicant  for  examination  license,  or  registra- 
tion, under  the  laws  regulating  the  practice  of  dentistry, 
shall  make  wilfully  a  false  statement,  in  a  material  regard, 
shall  be  guilty  of  perjury,  punishable  upon  conviction 
thereof  by  imprisonment  of  not  less  than  one  year  nor  more 
than  fourteen  years  in  the  territorial  prison. 

Section  14.  The  Board  of  Dental  Examiners  shall  make 
an  annual  report  of  its  proceedings  to  the  Governor  of  Ari- 
zona by  the  first  of  December  of  each  year,  together  with 
an  account  of  all  money  received  and  disbursed  by  them, 
pursuant  to  this  Act. 

Section  15.  This  act  shall  take  eflfect  immediately  after 
its  passage,  and  the  laws  heretofore  enacted  and  existing 
prior  to  this  act  in  the  Territory  of  Arizona,  referring  to 
dentistry  and  the  practice  thereof,  and  to  the  several  par- 
ticular matters  contemplated  in  this  act,  are  hereby  repealed; 
and  all  laws  in  conflict  with  this  act  are  hereby  repealed. 

ARKANSAS 

1901,  May  23,  Gen.  Laws,  p.  299. 

An  act  to  regulate  the  practice  of  dentistry  in  the  State  of 
Arkansas. 
13 


194      STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  1 .  It  shall  be  unlawful  for  any  person  to  practise, 
or  attempt  to  practise  dentistry  or  dental  surgery  in  any 
county  in  this  State  without  first  having  received  from  the 
Board  of  Dental  Examiners  a  certificate  of  his  qualifications 
and  fitness  to  do  so,  and  cause  to  be  recorded  in  the  office  of 
the  clerk  and  recorder  of  such  county. 

Sections  2  and  3.    Creation  and  Duties  of  Dental  Board. 

Section  4.  It  shall  be  the  duty  of  said  board  to  examine 
all  persons  who  apply  to  them  for  license  or  certificate  to 
practise  dentistry  and  to  issue  certificates  of  qualification  to 
all  such  applicants  thereof,  as  are  reasonably  well  qualified 
to  engage  in  such  practice  of  dentistry  and  to  refuse  certi- 
ficates to  such  as  are  not  qualified,  whether  the  applicant 
has  a  diploma  or  not:  Provided,  That  any  person  not  now 
permitted  to  practise  dentistry  in  this  State  shall  be  required 
to  stand  an  examination  before  said  board  before  they  shall 
be  allowed  to  practise  under  this  act. 

Section  5.  If  the  applicant  presents  a  diploma  from  a 
reputable  college  of  dentistry,  it  shall  not  be  necessary  for 
the  board  to  specially  examine  him,  but  they  may  do  so  and 
must  if  they  doubt  his  qualification. 

Section  6.  It  shall  not  be  necessary  for  any  person  now 
holding  a  certificate  under  the  present  or  any  previous  Board 
of  Dental  Examiners  of  this  State,  to  undergo  a  further  or 
additional  examination. 

Section  7.  This  act  shall  not  be  construed  to  prevent  the 
extraction  of  teeth  by  practising  physicians,  nor  by  students 
of  dentistry  studying  or  assisting  in  the  office  or  work  of  any 
regular  practising  dentist  under  his  immediate  supervision. 

Section  8.  In  the  intervals  between  the  several  meetings 
of  the  board,  the  president  may,  at  the  request  and  on  the 
recommendation  of  the  other  members  of  the  board,  ex- 
amine applicants  and  issue  or  refuse  certificates  with  the 
same  effect  as  though  the  same  were  done  at  a  regular 
meeting  of  the  Board. 

Section  9.  Each  applicant  shall  on  or  before  filing  his 
application,  pay  to  the  treasurer  the  sum  of  five  dollars  as  a 
fee  for  his  examination,  take  his  receipt  therefor  and  file  it 


CALIFORNIA  195 

with  the  secretary,  who  shall  endorse  the  fact  upon  his 
application,  whereupon  the  application  shall  be  presented 
either  by  the  secretary  or  the  applicant  to  the  board  or 
president  as  the  case  may  be,  and  the  fees  so  received  shall 
be  used  for  the  expenses  and  only  compensation  of  the 
board. 

Section  10.  The  fee  for  recording  such  certificate,  to  be 
paid  by  the  holder,  shall  be  one  dollar. 

Section  11.  For  every  violation  of  this  act,  the  offender 
upon  conviction,  shall  pay  a  fine  not  less  than  five  dollars 
($5)  nor  more  than  twenty-five  dollars  ($25),  and  every  day 
of  engagement  or  attejnpted  engagement  in  such  illegal  prac- 
tice shall  be  deemed  a  separate  offence.  All  fines  assessed 
and  collected  under  this  act  shall  be  paid  into  the  common 
school  fund  of  the  district  in  which  the  offence  is  committed. 

Section  12.  It  shall  be  the  duty  of  the  several  prose- 
cuting attorneys  of  the  various  circuits  of  this  State  to  insti- 
tute, on  notice  from  any  member  of  the  board,  prosecutions 
by  information  or  otherwise,  against  such  persons  as  violate 
the  provisions  of  this  act  in  their  respective  circuits. 

Section  13.  All  laws  and  parts  of  laws  in  conflict  with 
this  act  are  hereby  repealed  and  this  act  shall  be  in  force 
and  effect  from  and  after  its  passage. 


CALIFORNIA 

1885,  March  12,  as  amended  by  the  act  of  March  20,  1903, 
and  the  act  of  April  6,  1909. 

Section  1.  It  shall  be  unlawful  for  any  person  to  engage  in 
the  practice  of  dentistry  in  the  State  of  California,  unless 
said  person  shall  have  obtained  a  license  from  a  Board  of 
Dental  Examiners,  duly  authorized  and  appointed  under  the 
provisions  of  this  act  to  issue  licenses;  pro^'ided  that  this 
act  shall  not  affect  the  right  under  the  laws  of  the  State  of 
California,  of  dentists  to  practise  dentistry  who  have  lawful 
right  to  practise  dentistry  at  the  time  of  the  passage  of  this 
act,  and  no  dentist  shall  be  exempt  from  paying  an  annual 


196     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

license  tax,  as  hereinafter  provided.  (As  amended  April  6, 
1909.     Stats.  1909,  p.  800.) 

Sections  2  to  7.  Creation,  duties,  rules  and  compen- 
sation of  Dental  Examiners  Board. 

Section  8.  Said  board  shall  examine  all  applicants  for 
examination,  who  shall  furnish  satisfactory  evidence  of 
having  complied  with  the  provisions  of  this  act  relating  to 
qualifications  for  examination,  together  with  the  payment 
of  the  fee  provided  for  in  section  12  of  this  act.  The 
examination  of  applicants  shall  be  sufficiently  thorough  to 
test  the  fitness  of  the  candidate  to  practise  dentistry.  It 
shall  include,  written  in  the  English  language,  questions 
on  the  following  subjects:  anatomy,  physiology,  chemistry, 
materia  medica,  therapeutics,  metallurgy,  histology,  path- 
ology, operative  and  prosthetic  dentistry,  oral  surgery  and 
orthodontia;  the  answers  to  which  shall  be  written  in  the 
English  language.  Said  written  examination  may  be  supple- 
mented by  an  oral  examination.  Demonstrations  of  the 
applicant's  skill  in  operative  and  prosthetic  dentistry  must 
also  be  given.  All  persons  successfully  passing  such  examina- 
tion shall  be  registered  as  licensed  dentists  on  the  board 
register,  as  provided  in  Section  3,  and  shall  be  granted  by 
the  board  a  license  to  practise  dentistry  in  the  State  of 
California,  which  license  is  subject  to  renewal,  as  hereinafter 
provided.  In  no  case  shall  any  applicant  be  examined  or 
given  a  license  who  is  not  twenty-one  years  of  age.  (As 
amended  April  6,  1909.    Stats.  1909,  p.  801.) 

Section  9.  Any  member  of  the  board  may  inquire  of  any 
applicant  for  examination  concerning  his  character,  quali- 
fications, or  experience,  and  may  take  testimony  of  anyone 
in  regard  thereto,  under  oath,  which  he  is  hereby  empowered 
to  administer. 

Section  10.  Every  person  now  licensed  to  practise  den- 
tistry in  this  State,  who  has  failed  to  register  his  license  with 
the  clerk  of  the  county  wherein  his  place  of  business  is 
located,  as  provided  by  law,  must  register  the  same  within 
sixty  days  after  this  law  takes  effect,  and  every  person  who 
shall  hereafter  be  licensed  to  practise  dentistry  in  this  State, 


CALIFORNIA  197 

shall  within  six  months  thereafter  register  in  the  office  of  the 
clerk  where  his  place  of  business  is  located,  in  a  book  kept 
by  the  clerk  for  such  purpose,  and  called  a  register  of  den- 
tists, his  name,  age,  office  address,  the  date  and  number 
of  his  license  to  practise  dentistry,  and  the  date  of  such 
registration,  which  registration  he  shall  be  entitled  to  make 
only  upon  showing  to  the  county  clerk  his  license  or  a  copy 
thereof  certified  by  the  secretary  of  the  board  over  its  seal, 
and  making  an  affidavit  stating  his  name,  age,  birthplace, 
the  number  of  his  license  and  the  date  of  its  issue;  that  he 
is  the  identical  person  named  in  the  license;  that  before 
receiving  the  same  he  complied  with  all  the  preliminary 
requirements  of  this  statute  and  the  rules  of  the  Board  of 
Dental  Examiners  as  to  the  terms  and  the  amount  of  study 
and  examination;  that  no  money  other  than  the  fees  pre- 
scribed by  this  statute  and  said  rules,  was  paid  directly  or 
indirectly  for  such  license,  and  that  no  fraud,  misrepresenta- 
tion or  mistake  in  a  material  regard  was  practised,  employed 
or  occurred  by  any  person  in  order  that  such  license  should 
be  conferred.  Said  person  need  not  personally  register, 
before  the  county  clerk,  but  may  make  the  affidavit  afore 
provided  before  any  officer  authorized  by  law  to  administer 
oaths,  and  which  affidavit  together  with  the  other  informa- 
tion and  license,  or  the  certified  copy  thereof  as  afore  pro- 
vided, shall  be  forwarded  to  the  said  county  clerk,  who  shall 
act  in  the  manner  the  same  as  if  the  party  was  personally 
present.  The  county  clerk  shall  preserve  such  affidavit  in  a 
bound  volume  and  shall  issue  to  every  licentiate  duly  regis- 
tering and  making  such  affidavit,  a  certificate  of  registration 
in  his  county,  which  shall  include  a  transcript  of  the  regis- 
tration. Such  transcript  and  license  may  be  offered  as 
primary  evidence  in  all  courts  of  the  facts  therein  stated. 
A  copy  of  such  certificate  of  registration  shall  be  sent  by  the 
county  clerk  to  the  secretary  of  the  board  within  five  days 
after  it  is  made.  The  county  clerk's  fees  for  taking  such 
registration  and  affidavit  and  issuing  such  certificate  of 
registration  shall  be  one  dollar.  A  practising  dentist  having 
registered  a  lawful  authority  to  practise  dentistry  in  one 


198      STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

county  of  the  State,  and  removing  such  practice  or  part 
thereof  to  another  county  shall  show  or  send  by  registered 
mail  to  the  clerk  of  such  other  county  his  certificate  of 
registration.  If  such  certificate  clearly  shows  that  the  origi- 
nal registration  was  of  an  authority  issued  by  the  Board  of 
Dental  Examiners,  or  if  the  certificate  or  registration  itself  is 
endorsed  by  the  Secretary  of  the  Board  of  Dental  Examiners 
as  entitled  to  registration,  the  clerk  shall  thereupon  register 
the  applicant  in  the  register  of  dentists  of  the  latter  county 
on  receipt  of  a  fee  of  fifty  cents,  and  shall  stamp  or  endorse 
on  such  certificate  of  registration  the  date  and  his  name  pre- 
ceded by  the  words  "registered  also  in  .  .  .  county," 
and  return  the  certificate  of  registration  to  the  applicant. 
Any  lawfully  registered  person  who  shall  thereafter  change 
his  name  according  to  law  shall  register  the  new  name  with 
a  marginal  note  of  the  former  name  with  the  clerk  of  the 
county  or  counties  where  he  is  practising.  The  clerk  shall 
forthwith  notify  the  secretary  of  the  board  of  such  change. 
Any  county  clerk  who  knowingly  shall  make  or  suffer  to  be 
made  upon  the  register  of  dentists  kept  in  his  office  any 
entry  other  than  that  provided  for  in  this  act,  shall  be  liable 
to  a  penalty  of  fifty  dollars  to  be  recovered  by  and  paid  to  the 
said  State  Board  of  Dental  Examiners  in  a  suit  in  any  court 
having  jurisdiction.  Any  failure,  neglect  or  refusal  on  the 
part  of  any  person  holding  such  license  to  register  the  same 
with  the  clerk  of  said  county  as  above  directed  for  a  period 
of  six  months  after  the  issuance  thereof  shall  ipso  facto  work 
a  forfeiture  of  his  license,  and  it  shall  not  be  restored  except 
upon  the  payment  to  said  board  of  twenty-five  dollars. 
Any  suspension,  revocation,  or  reinstatement  of  a  license 
shall,  with  the  date  thereof,  be  forthwith  noted  by  the  county 
clerk  on  the  margin  of  the  registration  thereof  upon  receipt 
of  notice  from  the  secretary  of  the  board.  (As  amended 
April,  6,  1909.    Stats.  1909,  p.  802.) 

Section  11.     Repealed.     Stats.  1905,  p.  430. 

Section  12.  No  person  shall  be  eligible  for  examination  by 
the  State  Board  of  Dental  Examiners  who  shall  not  famish 
satisfactory  evidence  of  having  graduated  from  a  reputable 


CALIFORNIA  199 

dental  college,  which  must  have  been  endorsed  by  the  Board 
of  Dental  Examiners  of  California,  or  who  shall  not  furnish 
to  said  Board  of  Examiners  a  certificate  from  the  State  Board 
of  Dental  Examiners,  or  similar  body,  of  some  other  State  in 
the  United  States,  showing  that  he  or  she  has  been  a  licensed 
practitioner  of  dentistry  in  that  State  for  at  least  five  years. 
Provided,  that  exevy  person  actually  engaged  as  an  appren- 
tice to  a  regularly  licensed  dentist  in  the  State  of  California 
at  the  time  of  the  passing  of  this  act,  shall  be  eligible  for 
examination  if,  within  thirty  days  after  the  passage  of  this 
act,  he  shall  file  with  the  secretary  of  the  board  an  affidavit 
stating  his  name,  age,  the  length  of  time  for  which  he  has 
been  actually  apprenticed  and  with  whom;  and  who,  at  the 
time  of  his  application  for  examination,  shall  show  to  the 
satisfaction  of  the  board  that  he  has  served  an  apprentice- 
ship of  at  least  four  years  and  is  a  graduate  from  a  high 
school  or  similar  institution  of  learning  in  this  or  some  other 
State  of  the  United  States  requiring  a  three  years'  course  of 
study,  and,  provided,  that  no  examination  shall  be  given  to 
an  applicant  claiming  the  right  to  take  the  same  as  an  ap- 
prentice later  than  June,  1913.  (As  amended  April  6,  1909. 
Stats.  1909,  p.  803.) 

Section  13.    Repealed  April  6,  1909.    Stats.  1909,  p.  802. 

Section  14.  Before  any  person  can  practise  dentistry  in 
this  State,  he  shall  obtain  a  license  to  do  so  from  the  board  of 
dental  examiners.  Each  application  shall  be  accompanied 
by  a  fee  of  twenty-five  dollars,  which  shall  in  no  case  be 
refunded.  Such  license  shall  be  good  until  the  following 
first  day  of  May  when  it  shall  expire  by  limitation.  An 
annual  license  fee  of  two  dollars  shall  thereafter  be  paid 
annually  by  every  person  practising  dentistry  in  this  State, 
and  it  shall  be  the  duty  of  said  board  to  issue  to  all  regularly 
licensed  dentists  upon  application  and  the  payment  of  two 
dollars,  if  made  before  the  expiration  of  the  applicant's 
license,  a  new  license  which  shall  entitle  said  person  to  prac- 
tise dentistry  in  this  State  for  a  period  of  one  year,  and  which 
license  shall  expire  upon  the  following  first  day  of  ]May. 
Said  board  shall  have  no  authorit^'  to  issue  an  annual  license 


200     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

to  any  person  who  is  not  a  regularly  licensed  dentist,  and 
who  has  not  paid  said  license  fee  of  two  dollars  on  or  before 
the  date  w^hen  his  previous  license  expired.  Every  person 
who  was  a  regularly  licensed  dentist  and  who  failed  to  pay 
said  annual  license  of  two  dollars  before  the  expiration  of  his 
license,  shall  be  considered  as  if  no  license  had  ever  been 
issued  to  him,  and  before  he  can  again  practise  dentistry  in 
this  State,  shall  make  a  new  application  therefor  as  in  the 
first  instance  and  pay  the  regular  fee  of  S25  therefor,  except 
that  he  shall  not  be  required  to  submit  to  any  examination. 
All  renewal  fees  collected  under  the  provisions  of  this  section 
shall  be  used  exclusively  for  the  prosecution  of  violators  of 
this  act  and  for  expenses  of  collecting  said  fees.  All  moneys 
received  under  this  Act  shall  be  deposited  in  some  reliable 
bank  in  the  name  of  the  board,  and  shall  be  withdrawn  only 
on  the  joint  check  of  the  president  and  secretary  of  the 
board.    (As  amended  April  6, 1909.     Stats.  1909,  p.  804.) 

Section  15.  Any  person  shall  be  understood  to  be  prac- 
tising dentistry  within  the  meaning  of  this  act  who  shall 
display  a  sign  or  in  any  way  advertise  himself  as  a  dentist, 
or  who  shall,  for  a  fee,  salary  or  reward,  paid  directly  or 
indirectly  either  to  himself  or  to  some  other  person,  perform 
an  operation  of  any  kind  upon,  or  treat  diseases  or  lesions  of, 
the  human  teeth,  or  jaws  or  correct  malimposed  positions 
thereof;  but  nothing  in  this  act  contained  shall  prohibit 
bona  fide  students  of  dentistry  from  operating  in  the  clinical 
departments  of  the  laboratory  of  a  reputable  dental  college, 
or  an  unlicensed  person  from  performing  merely  mechanical 
work  upon  inert  matter  in  a  dental  laboratory,  or  a  licensed 
physician  from  practising  oral  surgery  or  treating  diseases  of 
the  mouth.    (As  amended  April  6, 1909.   Stats.  1909,  p.  807.) 

Sections  16,  17,  18.    Repealed. 

Section  19.  Any  person,  company,  or  association  shall  be 
guilty  of  a  misdemeanor,  an^  upon  conviction  thereof  shall 
be  punishable  by  imprisonment  in  the  county  jail  not  less 
than  ten  days  nor  more  than  one  year,  or  by  a  fine  of  not  less 
than  one  hundred  dollars  nor  more  than  one  thousand  dol- 
lars, or  by  both  such  fine  and  imprisonment,  who  (1)  shall 


CALIFORNIA  201 

sell  or  barter  or  offer  to  sell  or  barter  any  dental  degree  or 
any  certificate  or  transcript,  made  or  purporting  to  be  made, 
pursuant  to  the  laws  regulating  the  license  and  registration 
of  dentists;  or  (2)  shall  purchase  or  procure  by  barter,  any 
such  diploma,  certificate  or  transcript,  with  intent  that  the 
same  shall  be  used  as  evidence  of  the  holder's  qualification 
to  practise  dentistry,  or  in  fraud  of  the  laws  regulating  such 
practice;  or  (3)  shall  wdth  fraudulent  intent,  alter  in  a 
material  regard  any  such  diploma,  certificate  or  transcript; 
or  (4)  shall  use  or  attempt  to  use  any  such  diploma,  certifi- 
cate or  transcript,  which  has  been  purchased,  fraudulently 
issued,  counterfeited  or  materially  altered,  either  as  a  license 
or  color  of  license  to  practise  dentistry,  or  in  order  to  procure 
registration  as  a  dentist;  or  (5)  shall  practise  dentistry  under 
a  false  or  assumed  name;  or  (6)  shall  assume  the  degree  of 
"doctor  of  dental  surgery"  or  "doctor  of  dental  medicine," 
or  shall  append  the  letters  "D.M.D."  or  "D.D.S."  to  his 
or  her  name  not  having  duly  conferred  upon  him  or  her,  by 
diploma  from  a  recognized  dental  college  or  school  legally 
empowered  to  confer  the  same,  the  right  to  assume  said  title, 
or  shall  assume  any  title  or  append  any  letters  to  his  or  her 
name,  with  the  intent  to  represent  falsely  that  he  or  she  has 
received  a  dental  degree  or  license ;  or  (7)  shall  in  an  affidavit, 
required  of  an  applicant  for  examination,  license  or  registra- 
tion, under  this  act,  wilfully  make  a  false  statement  in  a 
material  regard;  or  (8)  shall  engage  in  the  practice  of  den- 
tistry under  any  title  or  name  without  causing  to  be  dis- 
played in  a  conspicuous  manner  and  in  a  conspicuous  place 
in  his  or  her  office  the  name  of  each  and  every  person  emploj^ed 
in  the  practice  of  dentistry  therein,  together  with  the  word 
mechanic  after  the  name  of  each  unlicensed  person  employed ; 
or  (9)  shall  within  ten  days  after  demand  made  by  the  sec- 
retary of  the  board,  fail  to  furnish  to  said  board  the  name  and 
address  of  all  persons  practising  or  assisting  in  the  practice 
of  dentistry  in  the  office  of  said  person,  company  or  asso- 
ciation, at  any  time  within  sixty  days  prior  to  said  notice, 
together  with  a  sworn  statement  showing  under  and  by  what 
license  or  authority  said  person,  company  or  association, 


202      ST  A  TUTES  REGULA  TIXG  PRACTICE  OF  DENTISTRY 

and  said  employee  are  or  have  been  practising  dentistry,  but 
such  affidavit  shall  not  be  used  as  evidence  against  such 
person,  company  or  association  in  any  proceeding  under 
this  section;  or  (10)  is  practising  dentistry  in  the  State  with 
out  a  license,  or  whose  license  has  been  revoked  or  suspended. 
(As  amended  April  6,  1909.    Stats.  1909,  p.  805.) 

Section  20.  It  is  hereby  further  provided,  that  the  con- 
ferring of  degrees  and  the  bestowing  of  diplomas,  by  repu- 
table dental  colleges  of  this  State,  which  have  been  endorsed 
by  the  Board  of  Dental  Examiners  of  California  are  not  in- 
cluded m  the  penalties  prescribed  in  section  19  of  the  said 
act  of  March  23,  1901,  as  amended  by  the  act  of  March  20, 
1903.    (As  amended  April  6,  1909.    Stats.  1909,  p.  801.) 

Section  21.  Disposition  of  fines,  penalties,  forfeitures, 
etc. 

Section  21|.  Any  dentist  may  have  his  license  revoked 
or  suspended  by  the  Board  of  Dental  Examiners  for  any  of 
the  following  causes: 

(1)  His  conviction  of  a  felony  or  misdemeanor  involving 
moral  turpitude,  in  which  case  the  record  of  conviction  or  a 
certified  copy  thereof,  certified  by  the  clerk  of  the  court,  or 
by  the  judge  in  whose  court  the  con^■iction  is  had,  shall  be 
conclusive   evidence. 

(2)  For  unprofessional  conduct  or  for  gross  ignorance  or 
inefficiency  in  his  profession.  Unprofessional  conduct  shall 
mean  employing  persons  known  as  cappers,  as  steerers,  to 
obtain  business;  the  obtaining  of  any  fee  by  fraud  or  mis- 
representation; wilfully  betraying  professional  secrets;  em- 
ploying directly  or  indirectly  any  student  or  any  suspended 
or  unlicensed  dentist  to  perform  operations  of  any  kind,  or 
to  treat  lesions  of  the  human  teeth  or  jaws,  or  correct  mal- 
imposed  formations  thereof,  except  as  heretofore  provided 
in  Section  13;  aiding  or  abetting  any  unlicensed  person  to 
practise  dentistry  unlawfully;  habitual  intemperance;  gross 
immorality. 

The  proceedings  to  revoke  or  suspend  any  license  under 
the  first  subdivision  hereof,  must  be  taken  by  the  board  on 
the  receipt  of  a  certified  copy  of  the  record  of  conviction. 


COLORADO  203 

The  proceedings  under  the  second  subdivision  hereof  may 
be  taken  upon  the  information  of  another.  All  accusations 
must  be  in  writing,  verified  by  some  party  familiar  with  the 
facts  therein  charged,  and  three  copies  thereof  must  be  filed 
with  the  secretary  of  the  board.  Upon  receiving  the  accusa- 
tion the  board  shall,  if  it  deem  the  complaint  sufficient, 
make  an  order  setting  the  same  for  hearing,  at  a  specified 
time  and  place,  and  the  secretary  shall  cause  a  copy  of  the 
order  and  of  the  accusation  to  be  served  upon  the  accused  at 
least  ten  days  before  the  day  appointed  in  the  order  for  said 
hearing.  The  accused  must  appear  at  the  time  appointed 
in  the  order  and  answer  the  charges  and  make  his  defence 
to  the  same,  unless  for  sufficient  cause  the  board  assign 
another  day  for  that  purpose.  If  he  do  not  appear  the  board 
may  proceed  and  determine  the  accusation  in  his  absence. 
If  the  accused  plead  guilty  or  refuse  to  answer  the  charges, 
or  upon  the  hearing  thereof  the  board  shall  find  them  or  any 
of  them  true,  it  may  proceed  to  a  judgment  revoking  his 
license  or  suspending  it.  The  board  and  the  accused  may 
have  the  benefit  of  counsel,  and  the  board  shall  have  the 
power  to  administer  oaths,  take  the  depositions  of  witnesses 
in  the  manner  provided  by  law  in  civil  cases,  and  to  compel 
them  to  attend  before  it  in  person  the  same  as  in  civil  cases 
by  subpena  issued  over  the  signature  of  the  secretary  and  the 
seal  of  the  board  and  in  the  name  of  the  people  of  the  State 
of  California.  Upon  the  revocation  of  any  license,  the  fact 
shall  be  noted  upon  the  records  of  the  Board  of  Dental 
Examiners  and  the  license  shall  be  marked  as  canceled, 
upon  the  date  of  its  revocation.  (As  amended  April  6, 
1909.    Stats,  p.  806.) 

Section  22.     Report  of  Board. 

Section  23.     Quorum. 

COLORADO 

1897,  April  17,  Laws  of  Colorado,  p.  144. 
Section  1.    It  shall  be  unlawful  for  any  person  to  practise 
dentistry  or  dental  surgery  in  the  State  of  Colorado,  unless 


204     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

he  or  she  shall  first  have  obtained  a  license  for  such  purpose 
as  provided  for  in  this  act.  Provided  that  nothing  in  this  act 
shall  be  construed  to  prohibit  anyone  from  extracting  teeth. 

Sections  2  and  3.  Creation,  etc.,  of  State  Board  of 
Dental  Examiners. 

Section  4.  Any  person  desiring  to  practise  dentistry  in 
this  State  shall  first  submit  to  an  examination  before  the 
State  Board  of  Dental  Examiners  of  this  State,  touching  his 
or  her  qualifications,  and  every  applicant  for  such  examina- 
tion shall,  with  his  or  her  application  for  examination  submit 
to  the  said  board,  as  a  prerequisite  of  such  examination,  a 
diploma  of  graduation  of  some  reputable  dental  college, 
dental  school,  or  university  dental  department,  duly  authen- 
ticated by  the  laws  of  this  State  or  some  other  of  the  United 
States. 

Section  5.  Any  and  all  persons  possessing  the  diploma 
prescribed  by  Section  4  of  this  act,  and  upon  deposit  of  the 
examination  fee,  shall  be  examined  by  the  said  board,  at  such 
times  and  under  such  rules  as  said  board  may  prescribe,  not 
inconsistent  with  this  act,  upon  the  science  and  practice  of 
dentistry  and  dental  surgery-,  and  all  who  are  found  qualified 
shall  be  registered  in  a  record  book  and  shall  receive  a  license 
from  the  said  board  to  practise  dentistry  in  this  State,  in 
accordance  with  the  provisions  of  this  act. 

Section  6.  The  examination  fee  in  all  cases  shall  be  ten 
dollars  to  be  paid  to  the  secretary  of  the  said  board  before 
such  examination  is  had,  and  in  no  case  shall  it  be  refunded. 
Said  board  by  its  secretary  shall  keep  a  record  book  in  which 
shall  be  recorded  the  names  and  addresses  of  all  persons  so 
examined,  and  date  and  result  of  such  examination,  names 
and  dates  of  all  applications,  and  such  other  matters  as 
shall  aft'ord  a  full  record  of  the  same,  which  book  wdth  such 
records  or  transcripts  therefrom  duly  certified  by  the  presi- 
dent and  secretary  of  said  board,  with  the  common  seal  of 
the  board  attached,  shall  be  prima  facie  evidence  before  all 
the  courts  of  this  State  of  the  entries  therein  contained. 
The  said  board  shall  make  and  prescribe  all  reasonable  rules 
for  its  government  and  for  the  conduct  of  its  business. 


CONNECTICUT  205 

Section  7.  Amended  1905,  April  10.  (See  Section  1, 
below.) 

Section  8.    Dispositions  of  moneys  received  by  board. 

Section  9.  The  provisions  of  this  act  shall  not  apply  to 
any  person  who  may  have  procured  a  license  to  practise 
dentistry  from  the  State  Board  of  Examiners,  of  this  State, 
in  conformity  to  the  laws  now  in  force  and  prior  to  the  taking 
effect  of  this  act. 

Section  10.  That  "An  Act  to  Insure  the  Efficiency  of 
Practitioners  of  Dental  Surgery  and  to  Regulate  the  Prac- 
tice of  Dentistry  in  the  State  of  Colorado,"  approved  March 
15,  1889,  and  the  act  amending  said  act,  approved  April  1, 
1891,  and  all  acts  in  conflict  with  this  act  are  hereby 
repealed. 

1905,  April  10,  Laws  of  Col.,  p.  184. 

Section  1.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  liable  to  prosecution  before  any  court  of  com- 
petent jurisdiction,  upon  information  or  by  indictment,  and 
upon  conviction  shall  be  punished  for  the  first  offence,  by  a 
fine  in  a  sum  of  not  less  than  one  hundred  dollars  or  more 
than  three  hundred  dollars,  or  by  imprisonment  in  the  county 
jail  not  more  than  three  months,  and  for  a  second  offence 
or  second  conviction,  shall  be  imprisoned  in  the  county  jail 
not  less  than  three  months  or  more  than  one  year.  Each 
day  that  this  act  is  violated  shall  be  considered  a  separate 
offence. 

CONNECTICUT 

1907,  August  1,  Public  Laws,  p.  857. 

Section  1.    Terms  of  dental  commissioners. 

Sections  2  and  3.  (Amending  sections  1  and  2  of  Public 
Acts  of  1905,  June  15,  p.  341.)  Appointment  of  dental 
commissioners,  qualifications,  duties,  etc. 

Section  4.  (Amending  section  3  of  Public  Acts  of  1905, 
June  15,  p.  341.)  No  person  shall  engage  in  the  practice  of 
dentistry  unless  such  person  shall  have  first  obtained  from 


206      STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

said  commissioners  a  license.  This  section,  however,  shall 
not  apply  to  persons  engaged  in  the  practice  of  dentistry 
who  registered  as  dentists  in  this  State  prior  to  December  1 , 
1902,  in  the  manner  provided  by  said  commissioners. 

Section  5.  (Amending  section  4  of  the  Public  Acts  of 
1905,  June  15,  p.  341.)  Every  application  for  such  license 
shall  be  in  writing,  signed  by  the  applicant,  and  no  license 
shall  issue  to  any  person  unless  he  shall  have  received  a 
diploma  or  other  sufficient  certificate  of  graduation  from  some 
reputable  dental  college,  or  medical  college  conferring  a 
dental  degree  and  having  a  department  of  dentistry,  or  unless 
he  shall  have  spent  five  years  under  the  instruction  of  a 
licensed  or  registered  dentist,  or  unless  he  shall  have  had 
at  least  three  years'  continuous  practice  as  a  legally  qualified 
dentist.  All  requisites  under  this  clause  shall  be  proven  by 
documentary  evidence,  which  shall  accompany  the  applica- 
tion for  examination. 

Section  6.  (Amending  section  11  of  Pubhc  Acts  of  1905, 
June  15,  p.  343.)  All  unlicensed  assistants  who,  on  January 
1,  1907,  were  actually  employed  in  performing  dental  opera- 
tions on  patients  in  the  office  of  a  duly  registered  or  licensed 
dentist  may  register  their  names  with  the  dental  commis- 
sioners prior  to  October  1,  1907,  upon  the  presentation  of 
the  affidavit  of  two  registered  or  licensed  dentists,  stating  the 
name  and  address  of  such  applicant  and  the  length  of  time 
he  or  she  has  been  so  employed,  in  such  form  as  the  dental 
commissioners  shall  prescribe.  Any  person  so  registered,  as 
aforesaid,  may  perform  dental  operations  on  patients  in  the 
office  of  a  licensed  or  registered  dentist  and  under  the  im- 
mediate personal  supervision  of  such  registered  or  licensed 
dentist,  but  not  otherwise.  The  provisions  of  this  chapter 
shall  not  prevent  a  physician  or  surgeon,  practising  as  such, 
from  the  performance  of  any  operation  in  dentistry  on  a 
patient  under  his  charge,  nor  a  visiting  clinician  at  a  meeting 
of  a  regularly  organized  dental  society  from  performing 
dental  operations,  nor  an  assistant  of  a  registered  or  licensed 
dentist  from  performing  the  so-called  operation  of  cleaning 
teeth. 


CONNECTICUT  207 

Section  7.  (Amending  section  12  of  Public  Acts  of  1905, 
June  15,  p.  343.)  Xo  registered  or  licensed  dentist  shall 
employ  an  unlicensed  assistant  for  independent  dental  oper- 
ations except  under  the  conditions  provided  in  Section  11. 

Section  8.     This  act  shall  take  effect  from  its  passage. 

1905,  June  15,  Public  Acts,  p.  341. 

Section  5.  Every  applicant  for  a  license  shall  be  exam- 
ined by  said  commissioners  as  to  his  professional  knowledge 
and  skill  before  such  license  shall  be  granted,  and  they  may 
refuse  to  grant  a  license  where  they  are  satisfied  that  the 
applicant  is  unfit  or  incompetent;  they  may,  for  good  and 
legal  cause  revoke  any  license  that  has  been  granted,  and 
may  prohibit  any  dentist  in  lawful  practice  from  further 
practice,  on  satisfactory  proof  that  such  dentist  has  become 
unfit  or  incompetent.  Cruelty,  incapacity,  unskilfulness, 
gross  negligence,  indecent  conduct  toward  patients,  or  such 
unprofessional  behavior  as  shows  unfitness  on  the  part  of 
the  dentist,  shall  be  sufficient  cause  for  the  revocation  of  a 
license,  or  prohibition  to  practise;  whenever  complaint  shall 
be  made  to  a  commissioner  against  a  dentist,  said  commis- 
sioner shall  investigate  the  matter,  and  on  finding  probable 
cause  shall  notify  the  party  complained  of  to  appear  before 
the  dental  commissioners  and  show  cause  why  he  should  not 
be  prohibited  from  practice  or  why  his  license  should  not  be 
revoked. 

Section  6.  Every  such  notice  shall  be  in  writing  and 
signed  by  the  recorder,  and  shall  contain  a  statement  of  the 
causes  for  which  such  prohibition  or  revocation  is  claimed, 
and  shall  specify  the  place  and  time  for  the  hearing,  which 
shall  be  at  least  twelve  days  after  the  service  of  such  notice. 
Said  notice  may  be  served  by  leaving  a  copy  thereof,  attested 
by  the  recorder,  at  the  place  of  business  of  the  party  com- 
plained of  or  at  his  last  usual  place  of  abode,  or  by  sending 
the  same  by  mail. 

Section  7.  Every  dentist  who  shall  at  any  hearing  before 
the  commissioners,  either  by  himself  or  by  his  procurement, 
make  a  false  statement  or  misrepresentation  with  intent  to 


208     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

deceive  said  commissioners,  shall  forfeit  his  license,  or  be 
prohibited  from  practice. 

Section  8.  Every  dentist  aggrieved  by  the  action  of  said 
commissioners  in  the  revocation  of  his  license  or  prohibition 
from  his  practice,  may  apply  to  the  superior  court,  or  court  of 
common  pleas,  in  the  county  in  which  he  resides,  for  a  writ 
of  mandamus  requiring  them  to  revoke  their  decision,  if  the 
same  be  found  on  hearing,  to  have  been  erroneous.  Such 
application  for  mandamus  may  be  served  on  said  commis- 
sioners by  leaving  with  the  recorder  or  at  his  usual  place  of 
abode  an  attested  copy  thereof  within  twelve  days  after 
said  commissioners  shall  have  notified  such  dentist  of  their 
decision. 

Section  9.  Upon  the  payment  of  a  fee  of  twenty-five 
dollars,  the  dental  commissioners  shall,  at  their  meetings, 
examine  applicants  and  grant  licenses  to  such  applicants  as 
they  shall  find  qualified.  An  applicant  who  fails  to  pass  a 
satisfactory  examination  shall  be  entitled  to  a  re-examination 
at  the  next  meeting  of  the  commissioners,  without  a  fee,  but 
for  any  examination  at  a  subsequent  meeting  a  fee  of  five 
dollars  shall  be  paid. 

Section  10.    Custody  of  Records. 

Section  12.     Report  of  Commissioners. 

Section  13.  The  dental  commissioners  may,  in  their 
discretion,  without  examination,  issue  a  license  to  any  repu- 
table dentist  of  good  moral  character  who  shall  have  been  in 
legal  practice  for  five  years  or  more  in  some  other  State  or 
Territory,  upon  the  certificate  of  the  Board  of  Dental  Exami- 
ners, or  a  like  board  of  the  State  or  Territory  in  which  such 
dentist  was  a  practitioner,  certifying  to  his  competency,  and 
that  he  is  a  reputable  dentist  of  good  moral  character,  and 
upon  the  payment  of  a  fee  of  twenty-five  dollars  to  said 
commissioners. 

Section  14.  Any  duly  licensed  or  registered  dentist  who 
is  desirous  of  changing  his  residence  from  this  to  another 
State  shall,  upon  application  to  the  dental  commissioners, 
receive  a  certificate  which  shall  attest  that  he  is  a  duly 
licensed  or  registered  dentist  in  this  State ;  and  said  certificate 
shall  be  given  without  the  payment  of  any  fee  therefor. 


DELAWARE  209 

Section  15.  Every  person  hereafter  licensed  or  registered 
b.y  said  commissioners  to  practise  dentistry  shall  notify,  in 
writing,  the  recorder  of  the  commissioners  as  to  the  county 
and  town  in  which  he  locates  for  the  practice  of  dentistry; 
and  if  any  licensed  or  registered  dentist  shall  desire  to 
remove  his  practice  or  any  part  thereof  to  another  town  or 
county,  or  regularly  engage  in  practice  in  another  town  or 
county  he  shall,  in  writing,  notify  the  recorder  as  to  the  town 
and  county  in  which  he  so  locates.  Failure,  neglect,  or  re- 
fusal on  the  part  of  any  such  person  to  notify  the  recorder  as 
aforesaid,  shall  be  deemed  to  be  a  violation  of  the  provisions 
of  this  chapter  and  punishable  as  hereinafter  provided. 

Section  16.  Every  person  who  shall  knowingly  and 
falsely  claim  or  pretend  to  have  or  hold  a  certificate  of  regis- 
tration or  license,  diploma  or  degree  granted  by  a  society 
or  by  the  Board  of  Dental  Commissioners,  or  who  shall  falsely 
and  with  intent  to  deceive  the  public  claim  or  pretend  to  be  a 
graduate  from  any  dental  college,  not  being  such  graduate, 
or  who  shall  append  the  letters  B.D.S.,D.D.S.,  D.M.  D., 
M.  D.S.,  or  L.  D.S.  to  his  name,  without  having  had  duly 
conferred  upon  him,  by  diploma  from  some  college,  school 
or  board  of  examiners  legally  empowered  to  confer  the 
same,  the  right  to  assume  said  titles,  shall  be  punished  as 
hereinafter  provided. 

Section  17.  Every  person  who  shall  violate  any  of  the 
provisions  of  this  chapter  shall  be  fined  not  more  than  one 
hundred  dollars,  or  imprisoned  not  more  than  six  months,  or 
both;  and  the  unlawful  practice  of  dentistry  for  each  week 
shall  be  a  separate  offence.  The  county  health  officer  of 
the  county  within  which  any  such  violation  occurs  or  is 
committed  shall  have  jurisdiction  to  prosecute  therefor. 

Section  18.    This  act  shall  take  effect  from  its  passage. 

DELAWARE 

1899,  March  23,  Chapter  242,  Vol.  21,  Laws  of  Delaware. 
Section  1.    (Amending  section  1  of  Act  of  1885,  Chapter 
496,  Vol.  17.)     It  shall  be  unlawful  for  any  person  who  is 
14 


210     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

not,  at  the  time  of  the  passage  of  this  act,  a  recognized 
practitioner  of  dentistry  in  this  State,  and  so  recognized 
by  the  profession,  to  practise  dentistry  unless  he  or  she  shall 
have  obtained  a  certificate  as  hereinafter  provided". 

Section  2.  (Amending  section  3  of  the  Act  of  1885,  post)'. 
Said  board  shall  choose  one  of  its  members  president  and 
one  secretary  thereof.  It  shall  fix  the  time  and  place  of  its 
meeting  or  meetings.  It  shall  hold  regular  meetings  for  the 
examination  of  applicants  for  certificates  to  practise  at  least 
once  every  three  months.  It  shall  have  the  power  to  frame 
by-laws  governing  its  procedure  and  making  a  reasonable 
charge  not  exceeding  ten  dollars,  for  the  examination  of  each 
applicant.  A  majority  of  said  board  shall  at  all  times  con- 
stitute a  quorum,  and  the  proceedings  thereof  shall  at  all 
reasonable  times  be  open  to  a  public  inspection.  The  board 
shall  also  make  an  annual  report  of  its  proceedings  to  the 
Governor. 

Section  3.  (Amending  section  5  of  the  Act  of  1885,  post.) 
Any  and  all  persons  who  shall  desire  to  commence  such 
practice  after  the  passage  of  this  act,  shall  appear  before 
said  board,  at  any  of  its  regular  meetings,  and  be  examined 
with  reference  to  their  knowledge  and  skill  in  dental  surgery, 
and  if  the  examination  of  any  such  person  or  persons  shall 
prove  satisfactory  to  said  board,  the  board  of  examiners  shall 
issue  to  such  persons  as  they  shall  find  to  possess  the  requisite 
qualifications  a  certificate  to  that  effect,  in  accordance  with 
the  provisions  of  this  act,  upon  the  paj^ment  of  one  dollar 
for  such  certificate.  All  certificates  issued  by  said  board 
shall  be  signed  by  its  officers,  and  such  certificates  and 
diplomas,  granted  as  aforesaid,  shall  be  prima  facie  evidence 
of  the  right  of  the  holder  to  practise  dentistry  in  the  State  of 
Delaware.  It  shall  not  be  lawful  for  any  person  or  persons  to 
engage  in  the  practice  of  dentistry  without  first  having  re- 
ceived a  certificate  from  the  said  board,  as  herein  provided, 
nor  shall  it  be  lawful  for  any  person  or  persons,  with  or 
without  such  certificate,  to  allow  to  practise  in  his,  her 
or  their  office,  or  in  his,  her  or  their  name  or  names,  any 


DELAWARE  211 

person  or  persons  who  are  not  duly  qualified  according  to 
the  provisions  of  this  act. 

Section  4.  (Repealing  section  7  of  Act  of  1885.)  It  shall 
be  the  duty  of  the  board  to  investigate  any  charges  of  a 
violation  of  any  of  the  provisions  of  this  act  which  may  be 
brought  to  its  attention,  and  to  report  the  result  of  such 
investigations  to  the  Attorney  General  of  the  State. 

1885.    March  31,  Chapter  496,  Vol.  17.    Laws  of  Delaware. 

Section  1.    Amended  by  Act  of  1899,  supra. 

Section  2.    Creation  of  Board  of  Examiners. 

Section  3.    Amended  by  Act  of  1899,  supra. 

Section  4.  Within  six  months  from  the  time  this  act 
takes  effect  it  shall  be  the  duty  of  every  person  who  is  at  that 
time  engaged  in  the  practice  of  dentistry  in  this  State,  to 
cause  his  or  her  name  and  residence  or  place  of  business  to  be 
registered  with  said  board  of  examiners,  who  shall  keep  a 
book  for  that  purpose.  The  statement  of  every  such  person 
shall  be  verified  under  oath  before  a  notary  public  or  justice 
of  the  peace,  in  such  a  manner  as  may  be  prescribed  by  the 
said  Board  of  Examiners.  Every  person  who  shall  so  register 
with  said  board  as  a  practitioner  of  dentistry  may  continue 
to  practise  the  same  as  such,  and  shall  receive  a  certificate 
of  such  registration  upon  his  or  her  pajdng  the  said  board 
one  dollar  for  such  certificate. 

Section  5.    Amended  by  Act  of  1899,  supra. 

Section  6.  Any  person  who  shall  wilfully  violate  any  of 
the  provisions  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  in  any  court  having 
criminal  jurisdiction,  may  be  fined  not  less  than  fifty  dollars 
nor  more  than  three  hundred,  or  be  confined  not  more  than 
six  months  in  the  county  jail,  in  the  discretion  of  the  court. 
All  fines  received  under  this  act  shall  be  paid  into  the  common 
school  fund  of  the  city  or  county  in  which  such  conviction 
takes  place. 

Section  7.    Repealed  by  Act  of  1899,  supra. 

Section  8.  This  act  shall  not  apply  to  any  person  practis- 
ing dentistry  in  another  State  who  is  now  the  owner  of  real 
estate  in  this  State. 


212     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  9.  Nothing  in  this  act  shall  be  so  construed  as 
to  interfere  with  the  rights  and  privileges  of  physicians  and 
surgeons  in  the  discharge  of  their  professional  duties. 

Section  10.  This  act  shall  take  effect  from  the  date  of 
its  passage. 

DISTRICT  OF  COLUMBIA 

Act  of  June  6th,  1892.     Vol.  27,  U.  S.  Statutes  at  Large. 

It  shall  be  unlawful  for  any  person  to  practise  dentistry 
in  the  District  of  Columbia  unless  such  person  shall  register 
with  the  health  officer  in  compliance  with  the  requirements 
hereinafter  provided. 

Section  2.  That  a  board  to  carry  out  the  purposes  of 
this  act  is  hereby  created,  to  be  known  as  the  Board  of  Dental 
Examiners,  to  consist  of  five  reputable  dentists  resident  of  and 
for  three  years  last  before  appointment  actively  engaged 
in  the  practice  of  dentistry  in  the  District  of  Columbia,  to 
be  appointed  by  the  Commissioners  of  said  District  for 
terms  of  five  years  and  untiF  their  successors  are  appointed : 
Provided,  That  the  first  five  appointments  shall  be  made  for 
terms  of  one,  two,  three,  four,  and  five  years  respectively. 
A  majority  of  said  board  shall  constitute  a  quorum.  Vacan- 
cies occurring  in  said  board  shall  be  filled  by  appointment 
of  eligible  persons  for  unexpired  terms. 

Section  3.  That  it  shall  be  the  duty  of  the  Board  of 
Dental  Examiners,  first,  to  organize  by  electing  one  of  their 
number  president  and  one  secretary,  to  provide  necessary 
books  and  blank  forms,  and  publicly  announce  the  require- 
ments of  this  act  and  the  time,  place,  and  means  of  comply- 
ing with  its  provisions  within  thirty  days  from  its  passage; 
second,  to  promptly  certify  to  the  health  officer  for  registra- 
tion all  who  are  engaged  in  the  practice  of  dentistry  in  said 
district  at  the  time  of  passage  of  this  act  who  apply  therefor ; 
third,  to  test  the  fitness  and  pass  upon  the  qualification  of 
persons  desiring  to  commence  the  practice  of  dentistry  in 
said  district  after  the  passage  of  this  act  and  certify  to  the 
health  officer  for  registration  such  as  prove,  under  examina- 


DISTRICT  OF  COLUMBIA  213 

tion  in  theory  and  practise  of  dentistry,  qualified  in  the 
judgment  of  the  board  to  practise  dentistry  in  said  district; 
fourth,  to  report  immediately  information  of  any  violation  of 
this  act,  and,  annually,  the  transactions  of  the  board  to  the 
Commissioners  of  the  District  of  Columbia:  Provided, 
That  the  board  of  dental  examiners  may  issue  a  license  to 
practise  to  any  dentist  M^ho  shall  have  been  in  legal  practice 
for  a  period  of  five  years  or  more,  upon  the  certificate  of 
the  board  of  dental  examiners  of  the  State  or  Territory  in 
which  he  practised,  certifying  his  competency  and  moral 
character,  and  upon  the  payment  of  the  certification  fee 
without  examination  as  to  his  qualifications.  (As  amended 
by  the  Act  of  1904.) 

Section  4.  That  it  shall  be  the  duty  of  every  person 
practising  dentistry  in  said  district  at  the  time  of  the  pas- 
sage of  this  act  to  make  application  to  said  board,  in  form 
prescribed  by  said  board,  for  certification,  and  present  the 
certificates  thus  obtained  for  registration  to  the  health  officer 
within  sixty  days  from  the  passage  of  this  act.  Every  such 
person  so  registering  may  continue  to  practise  without 
incurring  the  penalties  of  this  act. 

Section  5.  That  persons  desiring  to  commence  the  prac- 
tice of  dentistry  in  said  district  after  the  passage  of  this 
act  shall  first  obtain  a  certificate  of  qualification  from  the 
Board  of  Dental  Examiners,  granted  under  authority  con- 
ferred upon  said  board  by  section  3  of  this  act,  and  present 
the  same  to  the  health  officer  for  registration. 

Section  6.  That  it  shall  be  the  duty  of  the  health  officer 
to  register  all  persons  presenting  certificates  from  said  board 
in  a  book  kept  for  this  purpose,  and  endorse  upon  each 
certificate  the  fact  and  date  of  such  registration. 

Section  7.  That  certificates  issued  and  endorsed  under 
the  provisions  of  this  act  shall  be  evidence  of  the  right  of  the 
person  to  whom  granted  to  practise  under  this  act. 

Section  8.  That  anyone  who  shall  practise  or  attempt 
to  practise  dentistry  in  the  said  district  without  having 
complied  with  the  provisions  of  this  act  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction  thereof,  shall 


214     S'[ATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

be  fined  not  less  than  fifty  nor  more  than  two  hundred  dol- 
lars, and  in  default  of  payment  of  such  fine  shall  be  impris- 
oned not  less  than  thirty  nor  more  than  ninety  days,  said 
fines,  when  collected,  to  be  paid  into  the  Treasury  of  the 
United  States,  to  the  credit  of  the  District  of  Columbia: 
Provided,  That  nothing  in  this  act  shall  be  construed  to 
interfere  with  physicians  in  the  discharge  of  their  professional 
duties,  nor  with  students  pursuing  a  regular  uninterrupted 
dental  college  course  or  in  bona  fide  pupilage  with  a  regi- 
tered  dentist. 

Section  9.  That  to  provide  a  fund  and  carry  out  and 
enforce  the  provisions  of  this  act  the  Board  of  Dental  Exami- 
ners may  charge  such  fees,  not  exceeding  one  dollar  for  each 
certificate  and  ten  dollars  for  each  examination,  as  will  from 
time  to  time,  in  the  opinion  of  said  board,  approved  by  said 
Commissioners,  be  necessary.  From  such  fund  all  expenses 
shall  be  paid  by  the  board:  Provided,  That  such  expense 
shall  in  no  case  exceed  the  balance  of  receipts. 


FLORIDA 

1909,  June  8,  Chapter  5936,  Laws  of  Florida,  p.  120. 

Sections  1  and  2.  Creation,  appointment,  term,  duties, 
etc.,  of  a  Board  of  Examiners. 

Section  3.  One  member  of  said  board  shall  grant  a  tem- 
porary certificate  to  an  applicant  who  has  a  diploma  from  a 
reputable  dental  college,  and  who  passes  a  satisfactory 
examination,  for  which  fees  shall  be  charged  as  provided  in 
section  13.  This  certificate  shall  entitle  the  holder  to  prac- 
tise until  the  next  regular  meeting  of  said  board,  at  which 
time  the  temporary  certificate  shall  expire;  and  in  no  case 
shall  such  temporary  certificate  be  renewed  or  extended, 
nor  shall  such  temporary  certificate  be  again  granted  to 
the  same  applicant  upon  a  second  application  therefor, 
nor  after  such  applicant  has  been  rejected  by  the  board. 

Section  4.  No  person  unless  legally  qualified  prior  to  the 
passage  of  this  act,  shall  practise  dentistry  or  dental  surgery. 


FLORIDA  215 

or  any  branch  thereof,  in  this  State,  until  he  has  obtained  a 
certificate  from  the  Florida  State  Board  of  Dental  Examiners 
as  hereinafter  provided. 

Section  5.  Each  person  who  desires  to  practise  dentistry 
or  dental  surgery,  or  any  branch  thereof,  within  this  State, 
shall  file  with  the  secretary  of  said  board  a  written  applica- 
tion for  a  certificate,  and  furnish  satisfactory  proof  that  he 
is  at  least  twenty-one  years  of  age,  of  good  moral  character, 
and  present  evidence  satisfactory  to  the  board  that  he  is 
a  graduate  of  a  reputable  dental  college,  as  defined  by  the 
National  Association  of  Dental  Examiners.  Such  applica- 
tion must  be  upon  the  form  prescribed  and  furnished  by  the 
board,  and  verified  by  oath. 

Section  6.  When  such  application  and  the  accompany- 
ing proof  are  found  satisfactory,  the  board  shall  notify  the 
applicant  to  appear  before  it  for  an  examination  at  a  time 
and  place  to  be  fixed  by  the  board.  Examination  may  be 
made  orally  or  in  waiting  or  may  be  practical  or  theoretical, 
or  both,  at  the  .discretion  of  the  board,  and  shall  be  of  such 
a  character  as  to  test  the  qualifications  of  the  applicant  to 
practise  dentistry  or  dental  surgery.  Should  the  applicant 
pass  a  satisfactory  examination,  he  shall  be  granted  a  certifi- 
cate by  the  board,  signed  by  all  members  present  and  bear- 
ing the  seal  of  said  board,  which  certificate  shall  be  conclusive 
evidence  of  his  or  her  right  to  practise  dentistry  or  dental 
surgery  in  this  State. 

Section  7.  Any  person  shall  be  regarded  as  practising 
dentistry  or  dental  surgery,  in  the  meaning  of  this  act,  who 
shall  open  or  manage  an  office  for  such  purpose,  or  shall 
announce  to  the  public  in  any  way  that  he  is  a  practising 
dentist,  or  anyone  who  performs  any  operation  upon  the 
teeth  or  provides  artificial  teeth  as  substitutes  for  natural 
teeth.  And  the  opening  of  a  dental  office,  or  the  announce- 
ment to  the  public  in  any  way  that  the  one  so  announcing 
is  a  practising  dentist,  shall  be  prima  facie  evidence  in  any 
court  of  competent  jurisdiction:  Provided,  That  nothing  in 
this  act  shall  be  so  construed  as  to  prevent  regular  licensed 
physicians   and   surgeons  from  extracting  teeth:   Provided, 


216     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

further,  That  nothing  in  this  act  shall  prevent  anyone  from 
extracting  teeth  without  the  use  of  a  local  or  general  anes- 
thetic. 

Section  8.  Any  person  granted  a  certificate  by  the  State 
Board  of  Dental  Examiners  as  herein  provided,  shall  per- 
sonally cause  his  or  her  certificate  to  be  registered  with  the 
clerk  of  the  circuit  court  of  each  county  in  which  he  desires 
to  practise  before  beginning  the  practice  of  dentistry  in  said 
county  or  counties,  and  to  be,  and  at  all  times,  displayed  in 
a  conspicuous  place  in  his  or  her  office  wherein  he  or  she  shall 
practise  such  profession,  and  shall  further,  when  requested, 
exhibit  such  certificate  to  any  member  of  said  board  or  its 
authorized  agent. 

Section  9.  The  board  may  revoke  the  certificate  obtained 
by  fraud  or  misrepresentation,  or  if  the  person  named  therein 
use  intoxicants  or  drugs  to  such  a  degree  as  to  render  him 
unfit  to  practise  dentistry  or  dental  surgery,  or  has  been 
convicted  of  a  felony  subsequent  to  the  date  of  his  certificate. 
If  such  conviction  is  vacated,  reversed,  or  set  aside,  or  the 
accused  pardoned,  his  certificate  shall  be  operative  from  the 
date  of  the  vacation,  reversal,  or  pardon. 

Section  10.  No  action  to  revoke  a  certificate  shall  be 
taken  until  the  accused  has  been  furnished  a  statement  of 
the  charges  against  him  and  notice  of  the  time  and  place 
thereof.  The  accused  may  be  present  at  the  hearing  in 
person,  by  counsel,  or  both.  The  statement  of  charges  and 
notice  may  be  served  personally  upon  such  person,  or  mailed 
to  him  at  his  last  known  address,  at  least  twenty  days  prior 
to  the  hearing.  If  upon  such  hearing  the  board  finds  the 
charges  are  true,  it  may  revoke  the  certificate.  Such  revoca- 
tion shall  take  from  the  person  named  in  the  certificate  all 
rights  and  privileges  acquired  thereby. 

Section  11.  A  stenographic  report  of  each  proceeding  to 
revoke  a  certificate  shall  be  made  at  the  expense  of  the 
board,  and  a  transcript  thereof  kept  on  its  files.  A  person 
whose  certificate  has  been  revoked  may  file  with  the  secre- 
tary, within  thirty  days  of  the  decision  of  the  board,  a 
written  notice  of  appeal  therefrom.    Upon  filing  such  notice 


FLORIDA  217 

the  Secretary  shall  transmit  to  the  Governor  and  the  Attor- 
ney General  the  record  of  such  proceedings.  Such  officers 
shall  review  the  proceedings  as  disclosed  by  the  records,  and 
their  decision  affirming  or  overruling  the  action  of  the  board 
shall  be  final. 

Section  12.  Any  failure,  neglect  or  refusal  on  the  part  of 
any  person  obtaining  a  certificate  to  practise  dentistry  or 
dental  surgery,  from  said  board,  to  register  such  certificate 
with  the  clerk  of  the  circuit  court  of  some  county  in  this 
State,  as  above  provided,  within  ninety  days  from  date  of 
issue  of  same,  shall  work  a  forfeiture  of  such  certificate,  but 
a  new  certificate  may  be  issued  upon  the  payment  to  the 
board  the  sum  of  fifteen  dollars  for  such  neglect,  failure  or 
refusal  to  register  such  certificate,  and  the  surrender  of  the 
forfeited  certificate. 

Section  13.  In  order  to  provide  the  means  for  carrying 
out  and  enforcing  the  provisions  of  this  act,  the  said  board 
shall  charge  each  person  applying  to  it  for  a  certificate  to 
practise  dentistry  or  dental  surgery  in  this  State  an  examina- 
tion fee  of  twenty  dollars,  and  in  addition  thereto  a  certificate 
fee  of  five  dollars  for  every  certificate  or  duplicate  certificate 
issued  by  said  board;  and  out  of  the  funds  coming  into  the 
possession  of  said  board  under  the  provisions  of  this  act,  the 
members  of  said  board  shall  each  receive  as  compensation 
the  sum  of  five  dollars  for  each  day  actually  engaged  in  the 
duties  of  the  office,  and  all  legitimate  and  necessary  expenses 
incurred  in  attending  the  meetings  of  said  board.  The  Sec- 
retary of  the  board  shall  be  entitled  to  such  amounts  as  shall 
be  necessary  to  defray  the  costs  of  stationery  and  necessary 
expenses  actually  incurred  in  the  discharge  of  his  duty.  All 
expenses  shall  be  paid  from  the  fees  received  by  the  board 
under  the  provisions  of  this  act,  and  that  no  part  of  said 
expense  shall  be  paid  out  of  the  State  treasury.  All  moneys 
received  in  excess  of  said  per  diem  allowances  and  other 
expenses  herein  provided  shall  be  held  by  the  Secretary  of 
the  said  board  as  a  special  fund  for  meeting  expenses  of 
said  board;  and  said  board  shall  make  an  annual  rejoort  of 
its  proceedings  to  the  Governor  on  or  before  the  fifteenth 


218     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

day  of  December  of  each  year,  together  with  an  account  of 
all  mone\'s  received  and  disbursed  by  them  pursuant  to  this 
act;  but  should  the  amount  held  by  the  secretary  at  any 
time  exceed  three  hundred  dollars,  the  excess  above  three 
hundred  dollars  shall  be  placed  with  the  State  treasurer  to 
the  credit  of  the  common  school  fund  of  the  State. 

Section  14.  Any  person  filing  or  attempting  to  file  as  his 
own  a  diploma  or  certificate  of  another,  or  a  forged  diploma, 
affidavit  or  identification  or  qualification,  shall  be  deemed 
guilty  of  a  felony  and,  upon  conviction  thereof,  shall  be 
subject  to  such  fine  and  imprisonment  as  is  made  and  pro- 
vided by  the  statutes  of  this  State  for  the  crime  of  forgery. 

Section  15.  Any  person  who  shall  practise  dentistry  or 
dental  surgery  in  this  State  without  having  first  obtained  a 
certificate  from  the  Florida  State  Board  of  Dental  Examiners, 
or  who  violates  any  of  the  provisions  of  this  act,  shall  be 
deemed  guilty  of  a  misdemeanor  and,  upon  conviction 
thereof,  shall  be  punished  by  a  fine  of  not  more  than  one 
thousand  dollars,  or  imprisonment  in  the  county  jail  not 
more  than  twelve  months,  or  by  both  such  fine  and  imprison- 
ment, in  the  discretion  of  the  court. 

Section  16.  That  an  Act  entitled  "An  Act  to  provide  for 
the  appointment  of  a  Board  of  Examiners,  and  to  regulate 
the  practice  of  dentistry  in  the  State  of  Florida,"  approved 
June  7,  1887,  and  all  acts  and  parts  of  acts  amendatory 
thereto  be,  and  the  same  are  hereby  repealed. 

GEORGIA 

Code  of  Georgia,  Vol.  1,  1911,  p.  452. 

Chapter  14,  section  1742. 

Section  1742.  Board  of  Dental  Examiners  of  Georgia 
Created. — A  board  of  examiners  is  hereby  created  to  be  known 
as  the  Board  of  Dental  Examiners  of  Georgia.  The  members 
of  the  board  shall  be  appointed  by  the  Governor  of  Georgia 
upon  the  recommendation  of  the  Georgia  State  Dental 
Society,  as  follows,  to  wit: 

The  State  Dental    Society  shall    nominate,   at  its  first 


GEORGIA  219 

annual  meeting,  ten  reputable  practising  dentists  who  have 
been  in  the  practice  of  dentistry  in  this  State  for  five  years 
or  over  at  the  time  of  their  appointment,  five  of  whom  shall 
be  members  of  the  State  Dental  Society  of  this  State,  and 
five  non-members.  From  such  names  the  Governor  shall 
appoint  five  persons,  who  shall  compose  the  Board  of  Dental 
Examiners  of  Georgia,  and  hold  their  terms  for  one,  two, 
three,  four,  and  five  years,  according  to  their  appointment 
and  commission,  and  every  year  thereafter  said  dental 
society,  at  its  annual  meeting,  shall  select  four  dentists,  who 
shall  have  the  same  qualifications  as  hereinbefore  provided 
for  the  members  previously  elected,  from  which  number  the 
Governor  shall  appoint  one  person  to  be  a  member  of  said 
board,  who  shall  hold  his  office  for  a  term  of  five  years.  In 
case  of  vacancy  in  said  board,  such  vacancy  shall  be  filled 
by  appointment  of  the  Governor  upon  the  recommendation 
of  the  president  of  the  Georgia  State  Dental  Society. 

Section  1746.  Dentistry,  Definition  of.- — All  persons  shall 
be  held  to  be  practising  dentistry  within  the  meaning  of  this 
chapter,  who  shall  charge  a  fee  or  salary  or  other  reward  to 
be  paid  either  to  him  or  to  another  person  for  operations  or 
parts  of  operations  of  any  kind  in  the  treatment  of  disease 
or  lesions  of  the  human  teeth  or  jaws,  or  extract  teeth,  or  in 
the  correction  of  the  malposition  thereof,  or  who  shall  fill 
or  crown  a  human  tooth  or  teeth,  or  by  any  method  supply 
any  substitute  to  take  the  place  of  a  lost  tooth  or  teeth  or  do 
any  operation  whatsoever  on  a  human  tooth  or  teeth,  gums 
or  jaw,  or  who  shall  make  an  examination  of  a  human  tooth 
or  teeth,  gums,  or  jaws,  or  take  an  impression  thereof,  for  the 
purpose  of  treating  or  operating  upon  the  same,  or  who 
shall  by  any  means  whatsoever  make  it  known  or  imply  that 
he  will  do  such  operations;  and  such  act  or  acts  as  mentioned 
above  shall  constitute  prima  facie  evidence  of  the  practice 
of  dentistry:  Provided  that  nothing  in  this  chapter  shall 
apply  to  regular  licensed  physicians  in  extracting  teeth  and 
charging  a  fee  therefor,  or  performing  surgical  operations. 

Section  174S.  To  Whom  License  Mai/  Be  Granted. — Said 
board  shall  examine  all   applicants  furnishing  satisfactory 


220     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

evidence  of  having  graduated  from  a  school  of  dentistry, 
whose  term  and  curriculum  is  equal  to  that  of  a  majority  of 
schools  of  dentistry  of  the  United  States;  and  if  such  appli- 
cant pass  a  satisfactory  examination,  a  license  to  practise 
dentistry  shall  be  granted  to  the  applicant. 

Section  1749.  Temporary  License. — In  cases  where  a 
person  is  entitled  to  an  examination  for  a  license,  one  member 
of  said  board  may  examine  him  and  furnish  a  temporary 
license  to  any  apphcant  to  practise  dentistry  until  the  next 
regular  annual  meeting  of  the  board,  when  he  shall  report 
the  fact,  at  which  time  the  temporary  license  shall  expire, 
but  such  temporary  license  shall  not  be  granted  by  a  member 
of  the  board  after  the  board  has  rejected  the  applicant.  For 
conducting  the  said  examination,  the  member  of  said  board 
conducting  the  said  examination  may,  in  advance,  charge 
and  receive  a  fee  of  five  dollars,  to  be  applied  to  his  own  use 
for  his  services  in  examining  the  applicant.  No  other  fee 
shall  be  charged  for  granting  the  temporary  license. 

Section  1750.  License  to  be  Registered. — All  persons 
licensed  by  said  board  to  practise  dentistry  shall  cause  such 
Hcense  to  be  registered  by  the  clerk  of  the  superior  court  in 
the  county  or  counties  in  which  such  persons  may  desire  to 
engage  in  the  practise  of  dentistry,  and  said  clerk  of  the 
court  shall  issue  a  certificate  to  that  effect,  and  receive  a  fee 
of  fifty  cents  for  same.  Any  failure,  neglect  or  refusal  on  the 
part  of  any  person  holding  such  license  to  register  the  same 
with  the  clerk  of  court  as  above  directed  for  a  period  of  six 
months  shall  work  a  forfeiture  of  the  license,  and  no  hcense 
when  once  forfeited  shall  be  restored  except  upon  the  pay- 
ment to  said  board  of  examiners  of  the  sum  of  ten  dollars. 
The  temporary  license  hereinafter  provided  for  need  not 
be  recorded. 

Section  1751.  Shall  not  Practise  under  Another's  License. 
— It  shall  be  unlawful  for  any  person  to  practise  dentistry  or 
do  any  dental  operation  under  the  protection  of  another's 
license. 

Section  1753.  Unlawful  to  Practise  without  a  License. — It 
shall  be  unlawful  for  any  person  to  engage  in  the  practice  of 


GEORGIA  221 

dentistry  in  this  State  unless  said  person  shall  have  obtained 
a  license  from  a  board  of  dental  examiners,  duly  authorized 
and  appointed  under  the  provisions  of  this  chapter  to  issue 
licenses:  Provided,  That  this  chapter  shall  not  affect  the 
right,  under  the  laws  of  Georgia,  of  dentists  to  practise  den- 
tistry who  have  lawful  right  to  practise  dentistry  on  the 
fifteenth   of  December,    1897. 

Section  1754.  Board  May  Emyloy  Counsel  to  Prosecute. — 
Said  board  of  dental  examiners  is  hereby  empowered,  when 
in  its  judgment  it  is  necessary  to  carry  out  the  provisions  of 
this  chapter  and  enforce  the  same  by  prosecution  or  other- 
wise, to  employ  and  pay  counsel  out  of  the  funds  collected 
by  said  board  for  examination  fees,  and  said  board  is  hereby 
empowered  to  so  employ  and  pay  counsel  to  prosecute  any 
and  all  violations  of  the  provisions  of  the  dental  laws  of  this 
State. 

Code  of  Georgia,  Vol.  II,  1911. 

Section  471.  Dentist,  Professional  Misbehavior. — Any 
dentist  who  shall  be  guilty  of  cruelty,  incapacity,  unskil- 
fulness,  gross  negligence,  indecent  conduct  toward  patients, 
or  any  such  professional  misbehavior,  or  show  unfitness 
upon  the  part  of  the  dentist  to  practise,  shall  be  guilty  of  a 
misdemeanor,  and  his  license  to  practise  dentistry  shall  be 
revoked  by  the  Board  of  Dental  Examiners. 

Section  472.  Illegal  Practice. — Any  person  who,  in  viola- 
tion of  the  provisions  of  the  civil  code,  shall  practise  or 
attempt  to  practise  dentistry  shall  be  guilty  of  a  misde- 
meanor, provided  that  this  section  shall  not  be  so  construed 
as  to  prevent  any  person  from  extracting  teeth  without  fee 
or  reward. 

Section  473.  False  Statement  before  Board  of  Dental 
Examiners. — Any  dentist  or  other  person  who  shall  at 
any  hearing  before  the  Board  of  Dental  Examiners,  either  by 
himself  or  by  his  procurement,  make  any  false  statement  or 
misrepresentation  with  intent  to  deceive  or  mislead  said 
board,  shall  be  guilty  of  a  misdemeanor,  and  such  dentist's 
license  shall  be  revoked  by  the  board. 


222      STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 


IDAHO 

1907,  March  16,  Laws  of  Idaho,  p.  547. 

Section  1.  It  shall  be  unlawful  for  any  person  to  practise 
dentistry  in  this  State  without  having  a  license  so  to  do  from 
the  Board  of  Dental  Examiners. 

Sections  2,  3,  4.  Creation,  duties,  etc.,  of  Board  of  Dental 
Examiners. 

Section  5.  Any  person  who,  as  principal,  agent,  employer, 
or  employee,  who  in  any  manner  whatsoever  shall  practice 
dentistry,  or  who  shall  run,  operate,  or  cause  to  be  operated 
or  manage  a  dental  office  or  headquarters  in  the  State  of 
Idaho  without  having  first  filed  for  record  and  had  recorded 
in  the  office  of  the  recorder  of  the  county  wherein  he  shall  so 
practise  or  do  such  act,  a  license  from  said  Board  of  Dental 
Examiners,  as  herein  provided  shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction  shall  be  fined  in  any  sum 
not  less  than  fifty  dollars,  nor  more  than  two  hundred  dollars, 
or  be  confined  for  any  period  not  exceeding  six  months  in  the 
county  jail  for  each  and  every  oftence.  All  fines  received 
under  this  act  shall  be  paid  one-half  to  the  school  fund  in  the 
county  in  which  conviction  is  secured,  and  one-half  to  the 
State  Dental  Board. 

Section  6.  All  persons  shall  be  said  to  be  practising 
dentistry  within  the  meaning  of  this  act  who  shall  contrary 
to  this  act,  for  a  fee,  salary,  or  other  reward,  paid  either 
directly  or  indirectly  to  himself,  or  to  another  person  for 
operations  or  parts  of  operations  of  any  kind  on,  or  treat 
diseases  or  lesions  of  the  human  teeth  or  jaws,  or  correct 
malpositions  thereof.  This  act  shall  not  be  construed  to 
prohibit  an  unlicensed  person  from  performing  mechanical 
work  upon  inert  matter  in  a  dental  office  or  laboratory  or  to 
prohibit  the  student  of  a  licensed  dentist  from  assisting  his 
preceptor  in  dental  operations  while  in  his  presence  and  under 
his  direct  and  immediate  personal  supervision,  or  to  prohibit 
a  duly  licensed  physician  from  treating  the  diseases  of  the 
mouth  or  performing  operations  in  oral  surgery. 


IDAHO  223 

Section  7.  Every  registered  dentist  shall  in  each  and 
every  year  after  1907  pay  to  said  Board  of  Examiners  the 
sum  of  two  dollars  as  a  license  fee  for  such  year.  Such  pay- 
ment shall  be  made  prior  to  May  the  1st  in  each  and  every 
year.  And  in  case  of  default  in  such  payments  by  any  person 
his  license  may  be  revoked  by  the  Board  of  Examiners  upon 
twenty  days'  notice  of  the  time  and  place  of  considering 
such  revocation.  But  no  license  shall  be  revoked  for  such 
non-payment  if  the  person  so  notified  shall  pay  before  or  at 
such  consideration  his  fee  and  such  penalty  as  may  be  im- 
posed by  said  board,  providing  that  said  board  may  impose 
a  penalty  not  exceeding  ten  dollars  as  a  condition  of  allowing 
his  license  to  stand:  Provided,  further,  That  said  Board  of 
Examiners  may  collect  any  such  bills  by  law. 

Section  8.  The  Board  of  Dental  Examiners  created  by 
this  Act  may  sue  and  be  sued  and  in  all  actions  brought  by 
or  against  it,  it  shall  be  made  a  party  under  the  name  of  the 
Board  of  Dental  Examiners  of  the  State  of  Idaho,  and  no 
suit  shall  abate  by  reason  of  any  change  in  the  membership 
of  said  board. 

Section  9.  The  certificate  in  this  act  provided  for  shall 
entitle  the  holder  thereof  to  practise  dentistry  in  any  county 
in  the  State  of  Idaho:  Provided,  Such  certificate  shall  first  be 
filed  for  record  in  the  office  of  the  Recorder  of  the  county  in 
which  such  holder  desires  to  practise,  and  nothing  herein 
contained  shall  be  construed  to  permit  any  holder  of  any 
certificate  to  practise  in  any  county  in  this  State  unless  such 
certificate  shall  have  been  first  recorded  in  the  office  of  the 
Recorder  of  such  county  as  herein  provided :  Provided,  further, 
That  such  holder  of  a  certificate  may  practise  in  more  than 
one  or  any  number  of  counties  in  this  State  on  having 
such  certificate  recorded  in  each  of  such  counties  in  which 
such  holder  desires  to  so  practise.  Said  Board  of  Dental 
Examiners  shall  upon  satisfactory  proof  of  the  loss  of  any 
certificate  issued  under  the  provisions  of  this  act,  issue  a 
new  certificate  in  place  thereof.  The  County  Recorder  shall 
charge  for  registering  such  certificate  a  fee  of  one  dollar. 


224     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  10.  Any  person  who  shall  desire  to  begin  the 
practice  of  dentistry  in  the  State  of  Idaho  shall  file  his  name 
together  with  an  application  for  examination  with  the  secre- 
tary of  the  State  Board  of  Dental  Examiners,  and  at  the 
time  of  making  application  shall  pay  to  the  secretary  a  fee 
of  twenty-five  dollars  and  shall  present  himself  at  the  first 
meeting  of  said  board  to  undergo  examination  before  that 
body.  In  order  to  be  eligible  for  such  examination,  such 
person  shall  present  to  said  board  his  diploma  from  some 
dental  college  in  good  standing  or  license  from  some  other 
State  dental  board,  or  furnish  proof  of  having  been  engaged 
in  the  study  of  dentistry  under  a  licensed  dentist  for  at  least 
four  years.  The  examination  shall  be  elementary  and 
practical  in  character,  but  sufficiently  thorough  to  test  the 
fitness  of  the  applicant  to  practise  dentistry.  It  shall 
include  answering  in  the  English  language  questions  of  and 
on  the  following  subjects:  Anatomy,  physiology,  chemistry, 
materia  medica,  therapeutics,  oral  surgery,  metallurgy, 
histology,  pathology,  operative  and  mechanical  dentistry, 
and  also  demonstrations  of  skill  in  operative  and  mechanical 
dentistry.  All  persons  successfully  passing  such  examina- 
tions shall  be  registered  as  a  licensed  dentist  in  the  record 
book  of  the  board  and  also  receive  a  certificate  of  such  regi- 
stration. Such  certificate  shall  be  signed  by  the  president 
and  secretary  of  the  board,  and  also  bear  the  official  seal  of 
said  board. 

The  examination  fee  shall  in  no  case  be  refunded,  but  a 
candidate  failing  in  his  first  examination  may  demand  a 
second  examination  at  a  subsequent  meeting  of  the  board, 
and  no  fee  shall  be  charged  for  said  examination. 

Section  11.  Said  board  may,  in  its  discretion,  accept  any 
register  upon  payment  of  a  registration  fee,  and  without 
examination  of  the  applicant  any  certificate  which  shall  have 
been  issued  to  him  by  the  dental  examining  board  of  any 
State  or  Territory  of  the  United  States:  Provided,  however, 
That  the  legal  requirements  of  such  dental  examining  board 
shall  have  been  at  the  time  of  issuing  such  certificate  in  no 
degree  or  particular  less  than  those  of  Idaho  at  the  time 


ILLINOIS  225 

when  such  certificate  shall  have  been  presented  for  registra- 
tion to  the  board  created  by  this  act:  Provided,  That 
such  applicant  shall  have  been  lawfully  engaged  in  the 
practice  of  dentistry  in  the  State  from  which  he  shall  present 
his  certificate  for  a  period  of  five  years  next  preceding  his 
application  to  the  Dental  Board  of  the  State  of  Idaho: 
Provided,  further,  That  the  provisions  of  this  section  con- 
tained shall  be  held  to  apply  only  to  such  of  said  Dental 
Examining  Board  as  accept  and  register  these  certificates 
granted  by  this  board,  without  examination  by  them  of  the 
one  holding  such  certificate.  Each  applicant  on  making 
application,  shall  pay  to  the  secretary  of  the  board  a  fee  of 
twenty-five  dollars. 

ILLINOIS 

1909,  June  11,  Laws  of  Illinois. 

Sections  1  and  2.    Creation,  etc.,  of  Board  of  Examiners. 

Section  3.  No  person  unless  previously  registered  or 
licensed  to  practise  dentistry  in  this  State  at  the  time  this 
act  shall  become  operative,  shall  begin  the  practice  of  den- 
tistry or  dental  surgery,  or  any  branches  thereof,  without 
first  applying  for  and  obtaining  a  license  for  such  purpose 
from  the  Illinois  State  Board  of  Dental  Examiners.  Appli- 
cation shall  be  made  to  said  board  in  writing,  and  shall,  in 
every  instance,  be  accompanied  by  the  examination  fee  of 
twenty  dollars,  together  with  satisfactory  proof  that  the 
applicant  is  of  good  moral  character  and  twenty-one  years 
of  age  or  over  at  the  time  of  making  the  application.  Appli- 
cation from  a  candidate  who  desires  to  secure  a  license  from 
said  board  to  practise  dentistry  or  dental  surgery  in  this 
State  shall  be  accompanied  with  satisfactory  proof  that  the 
applicant  so  applying  for  a  license  has  been  engaged  in 
the  actual,  legal  and  lawful  practice  of  dentistry  or  dental 
surgery  in  some  other  State  or  country  for  five  consecutive 
years  just  prior  to  application;  or  is  a  graduate  of  and  has  a 
diploma  from  the  faculty  of  a  reputable  dental  college,  school 
or  dental  department  of  a  reputable  university;  or  is  a 
15 


226     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

graduate  of  and  has  a  diploma  from  the  faculty  of  a  reputable 
medical  college  or  medical  department  of  a  reputable  univer- 
sity, and  possesses  the  necessary  qualifications  prescribed 
by  the  board.  When  such  application  and  the  accompanying 
proof  are  found  satisfactory,  the  board  shall  notify  the 
applicant  to  appear  before  it  for  examination  at  a  time  and 
place  to  be  fixed  by  the  board.  Examination  may  be  made 
in  whole  or  in  part,  orally  or  in  writing  at  the  discretion  of 
the  board,  and  shall  be  of  a  character  as  to  test  the  qualifica- 
tion of  the  applicant  to  practise  dentistry  or  dental  surgery. 
All  examinations  provided  for  in  this  act  shall  be  conducted 
by  the  board,  which  shall  provide  for  a  fair  and  wholly 
impartial  method. 

Section  4.  Said  Board  of  Dental  Examiners  shall  make 
rules  or  regulations  to  establish  a  uniform  and  reasonable 
standard  of  educational  requirements  to  be  observed  by 
dental  schools,  colleges  or  dental  departments  of  universi- 
ties, and  said  board  may  determine  the  reputability  of  those 
by  reference  to  their  compliance  with  said  rules  or  regula- 
tions. 

Section  5.  Any  person  shall  be  regarded  as  practising 
dentistry  or  dental  surgery  within  the  meaning  of  this  act, 
who  shall  treat,  or  profess  to  treat  any  of  the  diseases  or 
lesions  of  human  teeth  or  jaws,  or  extract  teeth,  or  shall 
prepare  and  fill  cavities  in  human  teeth,  or  correct  the  mal- 
position of  teeth,  or  supply  artificial  teeth  as  substitutes  for 
natural  teeth:  Provided,  That  nothing  in  this  act  shall  be  so 
construed  as  to  prevent  regularly  licensed  physicians  or 
surgeons  from  extracting  teeth:  Provided,  further,  this  act 
shall  not  prevent  students  from  performing  dental  operations 
under  the  supervision  of  competent  instructors  within  a 
dental  school,  college,  or  dental  department  of  a  university 
recognized  as  reputable  by  the  Illinois  State  Board  of  Dental 
Examiners. 

Section  6.  Any  person  licensed  to  practise  dentistry  or 
dental  surgery  in  this  State  by  the  Illinois  State  Board  of 
Dental  Examiners,  as  hereinbefore  provided,  shall  personally 
and  within  ninety  days  from  the  date  of  issue,  cause  such 


ILLINOIS  227 

license  to  be  registered  with  the  county  clerks  of  such 
county  or  counties  in  which  such  person  desires  to  engage  in 
the  practice  of  dentistry  or  dental  surgery,  and  the  county 
clerks  of  the  several  counties  of  this  State  shall  charge  for 
registering  such  license  a  fee  of  twenty-five  cents  for  each 
registration.  And  it  is  hereby  provided,  further,  That  every 
person  who  engages  in  the  practice  of  dentistry  or  dental 
surgery  in  this  State  shall  cause  his  or  her  license  to  be 
registered  with  the  county  clerk  before  beginning  the  practice 
of  dentistry  in  said  county,  and  to  be,  at  all  times,  displayed 
in  a  conspicuous  place,  in  his  or  her  office  wherein  he  or  she 
shall  practise  such  profession,  and  shall  further,  whenever 
requested,  exhibit  such  license  to  any  of  the  members  of  the 
said  board  or  its  authorized  agent. 

Section  7.  The  board  may  refuse  to  issue  the  license 
provided  for  in  this  act,  or  may  revoke  any  license  now  in 
force  or  that  shall  be  hereafter  given,  if  issued  to  individuals 
who  have,  by  false  or  fraudulent  representations,  obtained 
or  sought  to  obtain  practice  or  by  false  or  fraudulent  repre- 
sentations obtained  or  sought  to  obtain  money  or  any  other 
thing  of  value,  or  have  practised  under  names  other  than 
their  own,  or  for  any  other  dishonorable  conduct.  The 
board,  when  written  charges  have  been  filed  with  its  secre- 
tary, and  seem  sustained  by  proof,  shall  fix  a  time  and  place 
for  the  examination  of  a  person  so  charged  and  shall  give 
written  notice  to  the  said  person  of  the  time  and  place  and 
furnish  him  with  a  copy  of  the  charges,  at  least  twenty  days 
prior  to  the  date  fixed  for  the  examination. 

Section  8.  Any  failure,  neglect  or  refusal  on  the  part  of 
any  person  obtaining  a  license  to  practise  dentistry  or  dental 
surgery  from  the  said  board,  to  register  such  license  with  the 
county  clerk  of  some  county  in  this  State,  as  above  directed, 
within  ninety  days  from  the  date  of  issue  of  same,  shall  work 
a  forfeiture  of  such  license,  and  no  license  when  once  for- 
feited, shall  be  restored,  except  upon  payment  to  the  said 
board  of  the  sum  of  fifteen  dollars  for  such  neglect,  failure 
or  refusal  to  register  such  license  and  the  surrender  of  for- 
feited license. 


228     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  9.  In  order  to  provide  the  means  for  carrying  out 
and  enforcing  the  provisions  of  this  act,  the  said  board  shall 
charge  each  person  applying  to  it  for  examination  for  a 
license  to  practise  dentistry  or  dental  surgery  in  this  State, 
an  examination  fee  of  twenty  dollars,  and  in  addition  thereto, 
a  license  fee  of  five  dollars,  for  every  license  or  duplicate 
license  issued  by  said  board,  and  out  of  the  funds  coming 
into  the  possession  of  the  board  under  the  provisions  of  this 
act,  the  members  of  the  said  board  shall  each  receive  as 
compensation  the  sum  of  ten  dollars  for  each  day  actually 
engaged  in  the  duties  of  the  office  and  all  legitimate  and 
necessary  expense  incurred  in  attending  the  meeting  of  the 
said  board :  Provided,  That  the  secretary  of  the  board,  for  the 
purposes  of  enforcing  the  provisions  of  this  act,  shall  receive 
a  salary  to  be  fixed  by  the  board,  instead  of  the  per  diem  of 
ten  dollars.  All  expenses  shall  be  paid  from  the  fees,  fines 
and  penalties  received  and  recovered  by  the  board  under 
the  provisions  of  this  act:  Provided,  That  no  part  of  said 
expense  shall  be  paid  out  of  the  State  treasury.  All  moneys 
received  in  excess  of  said  per  diem  allowance  and  other 
expenses  herein  provided  shall  be  held  by  the  secretary  of  the 
said  board  as  a  special  fund  for  meeting  expenses  of  said 
board,  and  said  board  shall  make  an  annual  report  of  its 
proceedings  to  the  Governor  by  the  15th  day  of  December  of 
each  year,  together  with  an  account  of  all  moneys  received 
and  disbursed  by  them  pursuant  to  this  act. 

Section  10.  Any  person  filing  or  attempting  to  file  as  his 
own  the  diploma  or  license  of  another,  or  a  forged  affidavit 
of  identification,  or  qualification,  shall  be  deemed  guilty  of  a 
felony,  and  upon  conviction  thereof,  shall  be  subject  to 
such  fine  and  imprisonment  as  is  made  and  provided  by 
the  statutes  of  this  State  for  the  crime  of  forgery. 

Section  11.  The  State  Board  of  Dental  Examiners  may, 
in  its  discretion,  issue  a  license  to  practise  dentistry  or  dental 
surgery  without  examination  to  a  legal  practitioner  of  den- 
tistry or  dental  surgery,  who  removes  to  Illinois  from  another 
State  or  territory  of  the  United  States,  or  from  a  foreign 
country,  in  which  he  or  she  conducted  a  legal  practice  of 


ILLINOIS  229 

dentistry  or  dental  surgery  for  at  least  five  years  immediately 
preceding  his  or  her  removal:  Provided,  such  applicant 
present  a  certificate  from  the  Board  of  Dental  Examiners,  or 
a  like  board,  of  the  State,  territory,  or  country  from  which 
he  or  she  removes,  certifying  that  he  or  she  is  a  competent 
dentist  or  dental  surgeon,  and  of  good  moral  character: 
Provided,  further,  That  such  certificate  is  presented  to  the 
Illinois  Board  of  Dental  Examiners  not  more  than  six  months 
after  its  date  of  issue,  and  that  the  board  of  such  other  State, 
Territory  or  country  shall  in  like  manner  recognize  certificates 
issued  by  the  Board  of  Dental  Examiners  of  the  State  of 
Illinois,  presented  to  such  other  board  by  a  legal  practitioner 
of  dentistry  or  dental  surgery  from  this  State,  who  may  wish 
to  remove  to  or  practise  in  such  other  State,  Territory  or 
country. 

Section  12.  Anyone  who  is  a  legal  and  competent  prac- 
titioner of  dentistry  or  dental  surgery  in  the  State  of  Illinois, 
and  of  good  moral  character  and  known  to  the  Board  of 
Dental  Examiners  of  this  State  as  such,  who  desires  to  change 
his  or  her  residence  to  another  State,  territory,  or  foreign 
country,  shall,  upon  application  to  the  Board  of  Dental 
Examiners,  receive  a  certificate  over  the  signature  of  the 
president  and  secretary  of  said  board,  and  bearing  its  seal, 
which  shall  attest  the  facts  above  mentioned  and  giving  the 
date  upon  which  he  or  she  was  registered  and  licensed. 

Section  13.  The  fee  for  issuing  a  license  to  a  legal  practi- 
tioner from  another  State,  territory,  or  foreign  country  to 
practise  dentistry  or  dental  surgery  in  this  State  under  section 
11  of  this  act  shall  be  twenty-five  dollars,  and  the  fee  for 
issuing  a  certificate  to  a  legal  practitioner  of  this  State,  under 
section  12  of  this  act,  shall  be  five  dollars,  and  in  each  case 
the  fee  shall  be  paid  in  cash  before  the  license  or  certificate 
respectively  shall  be  issued. 

Section  14.  For  the  purpose  of  correcting  and  revising 
the  register  of  legal  practitioners  of  dentistry  as  kept  by  the 
State  Board  of  Dental  Examiners,  it  shall  be  the  duty  of 
each  person  registered,  or  licensed,  by  the  board  to  practise 
dentistry  in  this  State  to  procure  from  the  secretary  of  the 


230     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

board,  on  or  before  November  1,  1909,  and  on  or  before 
November  1  biennially  thereafter,  a  certificate  of  registra- 
tion. Such  certificate  shall  be  issued  by  the  secretary  upon 
payment  of  a  fee  to  be  fixed  by  the  board,  not  exceeding  the 
sum  of  one  dollar.  All  certificates  so  issued  shall  be  prima 
facie  evidence  of  the  right  of  the  holder  to  practise  dentistry 
in  this  State  during  the  time  for  which  they  are  issued,  and 
the  same  shall  be  exposed  to  public  view  in  the  operating 
room  of  the  holder.  Any  certificate  or  license  heretofore 
granted,  or  that  may  be  hereafter  granted  by  the  board,  shall 
be  cancelled  if  the  holder  thereof  fails  to  secure  the  renewal 
certificate  herein  provided  for  within  a  period  of  six  months 
after  November  1,  1909,  and  biennially  thereafter:  Pi'o- 
vided,  that  the  license  or  certificate  thus  cancelled  may  be 
restored  by  the  board  upon  the  payment  of  a  fee  of  twenty 
dollars  without  further  examination  of  the  holder  as  to  his 
competency  and  ability  to  practise.  It  shall  be  the  duty  of 
the  secretary  of  the  board  to  mail  to  each  person  whose  name 
appears  upon  the  register  of  said  board  on  or  before  October 
1,  1909,  and  at  the  same  time  biennially  thereafter,  a  printed 
blank  form,  to  be  filled  out  by  the  holder  of  such  license  or 
certificate,  which  shall  be  returned  by  such  holder  to  the 
secretary  of  the  board,  properly  filled  out,  together  with  the 
fee  established  by  said  board  for  this  purpose.  The  board 
shall  cause  a  notice  to  be  inserted  in  not  less  than  three 
newspapers  in  the  city  of  Chicago,  and  two  newspapers  in 
the  city  of  Springfield,  informing  the  dentists  of  this  State 
that  such  registration  will  be  required.  Such  notice  shall  be 
printed  in  such  newspapers  in  one  of  each  three  successive 
weeks  between  the  first  day  of  October  and  the  first  day  of 
November,  1909,  and  during  the  same  period  biennially 
thereafter. 

Section  15.  That  all  dentists  or  dental  surgeons  now 
legal  practitioners  of  dentistry  or  dental  surgery  in  this  State, 
or  those  who  may  hereafter  become  such,  shall  be  exempt 
from  service  as  jurors  in  any  of  the  courts  of  this  State. 

Section  16.  Any  person  who  shall  practise  dentistry  in 
this  State  without  being  registered  or  without  a  license  for 


ILLINOIS  231 

that  purpose,  or  violates  any  of  the  provisions  of  this  act, 
shall  be  subject  to  prosecution  before  any  court  of  com- 
petent jurisdiction  upon  complaint,  information  or  indict- 
ment, and  shall,  upon  conviction,  be  fined  for  each  offence 
in  any  sum  not  less  than  fifty  dollars  nor  more  than  two 
hundred  dollars.  All  fines  imposed  and  collected  under 
this  act  shall  be  paid  to  the  Illinois  State  Board  of  Dental 
Examiners  for  its  use. 

Section  17.  All  licenses  issued  by  the  said  board  shall  be 
signed  by  all  of  the  members  thereof,  and  be  attested  by  its 
president  and  secretary. 

Section  IS.  Any  association  or  company  of  persons, 
whether  incorporated  or  not,  who  shall  engage  in  the  practice 
of  dentistr}'  under  the  name  of  company,  association  or  any 
other  title,  shall  cause  to  be  displayed  and  kept  in  a  con- 
spicuous place  at  the  entrance  of  its  place  of  business,  the 
name  of  each  and  every  person  employed  in  said  company 
or  association  in  the  practice  of  dentistry,  and  anyone  so 
employed  by  said  company  or  association  whose  name  shall 
not  be  so  displayed  as  above  provided,  and  the  said  associa- 
tion or  company,  if  incorporated,  or  the  persons  comprising 
the  same,  if  not  incorporated,  shall,  for  the  failure  to  display 
the  aforesaid  names,  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof,  each  shall  be  punished  as  provided 
in  this  act. 

Any  manager,  proprietor,  partnership,  association  or  incor- 
poration owning,  running,  operating  or  controlling  any  room 
or  rooms,  office  or  dental  parlors,  where  dental  work  is  done, 
provided  or  contracted  for,  who  shall  employ,  keep  or  retain 
any  unlicensed  person  or  dentist  as  an  operator;  or. 

Who  shall  fail  within  ten  days  after  demand  made  by  the 
secretary  of  the  Illinois  State  Board  of  Dental  Examiners, 
in  writing  sent  by  registered  mail,  addressed  to  any  such 
manager,  proprietor,  partnership,  association  or  incorpora- 
tion at  said  room,  office  or  dental  parlor,  to  furnish  to  said 
secretary  the  names  and  addresses  of  all  persons  practising  or 
assisting  in  the  practice  of  dentistry  in  his  place  of  business 
or  under  his  control,  together  with  a  sworn  statement  showing 


232     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

by  what  license  or  authority  said  persons  are  practising  den- 
tistry, shall  be  guilty  of  a  misdemeanor  and  subject  to  the 
penalties  provided  for  in  this  act:  Provided,  however,  that 
such  sworn  statement  shall  not  be  used  as  evidence  in  any 
subsequent  court  proceeding. 

Section  19.  "An  act  to  insure  the  better  education  of 
practitioners  of  dental  surgery,  and  to  regulate  the  practice 
of  dentistry  in  the  State  of  Illinois,"  approved  May  30,  1881, 
and  in  force  July  1, 1881,  and  "An  act  to  regulate  the  practice 
of  dental  surgery  and  dentistry  in  the  State  of  Illinois  and 
to  repeal  an  act  therein  named,"  approved  May  18,  1905, 
and  in  force  July  1,  1905,  and  all  other  acts  and  parts  of 
acts  amendatory  of  either  of  said  acts,  are  hereby  repealed : 
Provided,  however,  That  such  repeal  shall  in  nowise  affect 
any  suit,  prosecution  or  court  proceeding  pending  at  the 
date  of  the  passage  of  this  act,  or  the  right  of  the  State 
Board  of  Dental  Examiners  created  under  either  of  said  acts 
or  the  board  created  by  this  act,  to  claim  or  receive  any 
moneys  paid  in  by  way  of  fines  or  license  fee,  and  the  board 
created  by  this  act  shall  have  the  power  and  authority  to 
use  any  funds  received  by  it  in  discharging  any  obligation 
of  the  board  or  boards  existing  under  the  acts  above  repealed. 


INDIANA 

1899,  March  6,  Laws  of  Indiana,  p.  479. 

Section  1.  That  it  shall  hereafter  be  unlawful  for  any 
person  to  practise  dentistry  in  Indiana,  who  has  not  first 
obtained  a  license  so  to  do  as  hereinafter  provided. 

Sections  2  and  3.    Board  of  Examiners. 

Act  1903,  March  9,  Laws  of  Indiana,  page  355.  (Amending 
section  4  of  the  act  of  1899,  March  6.) 

Section  1.  After  this  law  goes  into  effect  any  person  de- 
siring to  begin  the  practice  of  dentistry  shall  procure  from 
the  State  Board  of  Dental  Examiners  a  certificate  that  such 
person  is  entitled  to  practise  dentistry  in  the  State  of  In- 
diana, and  in  order  to  procure  such  certificate  the  applicant 


INDIANA  233 

shall  submit  to  the  State  Board  of  Dental  Examiners  his 
diploma  from  a  dental  college  recognized  by  the  National 
Association  of  Dental  Faculties,  or  said  applicant's  affidavit, 
accompanied  by  the  affidavits  of  two  freeholders,  resident  in 
the  same  county  in  which  the  applicant  resides,  or  intends  to 
locate,  stating  that  the  applicant  has  been  an  assistant  in  the 
dental  office  of  a  reputable  licensed  dentist  or  dentists  of  this 
State  for  a  period  of  time  not  less  than  five  years.  Every 
such  appUcant  shall  pay  to  the  board  the  sum  of  twenty 
dollars  at  the  time  of  making  such  application,  and  shall  pass 
an  examination  before  the  board  at  a  time  to  be  fixed  by  the 
board;  and  there  shall  be  no  discrimination  in  said  examina- 
tion against  those  applying  thereunder  who  have  no  diploma : 
Provided,  however,  That  the  fee  for  re-examination,  or  any 
subsequent  examination,  shall  be  only  ten  dollars:  And 
provided  further.  That  if  such  applicant  shall  fail  to  pass  the 
examination  prescribed  by  said  board,  he  shall  have  the  right 
of  an  appeal  to  the  Circuit  or  Superior  Court  of  the  county 
in  which  such  applicant  shall  reside  or  intends  to  locate, 
requiring  said  board  to  show  cause  why  such  applicant  should 
not  be  permitted  to  practise  dentistry,  upon  the  applicant 
giving  a  good  and  satisfactory  bond  in  the  sum  of  S200  to  be 
approved  by  the  court,  to  secure  the  costs  of  such  appeal, 
should  the  appeal  be  determined  against  him. 

1899,  March  6,  Laws  of  Indiana. 

Section  5.  All  persons  practising  dentistry  in  the  State 
of  Indiana,  when  this  law  goes  into  effect  and  desiring  to 
continue  the  same  shall  within  ninety  days  thereafter  obtain 
a  license  by  tendering  to  the  clerk  of  the  circuit  court  of  the 
county  in  which  they  reside  the  certificate  of  registration, 
or  permit  issued  by  the  State  Board  of  Dental  Examiners 
held  by  them,  or  by  exhibiting  to  such  clerk  the  record  of 
such  certificate  in  the  Recorder's  office  of  the  county  of  their 
residence,  which  certificate  or  record,  when  presented  to  the 
clerk,  shall  entitle  the  holder  to  a  license  to  practise  dentistry 
in  the  State  of  Indiana. 

Section  6.  Repealed  by  the  act  of  1903,  March  9,  p.  356, 
sec.  2. 


234     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  7.  Upon  the  receipt  of  the  certificate  by  the 
appUcant  from  the  State  board,  the  appHcant  shall  upon 
presentation  thereof  to  the  clerk  of  the  Circuit  Court  of  the 
county  in  which  he  resides  receive  from  such  clerk  a  license 
to  practise  dentistry  in  the  State  of  Indiana.  The  person 
receiving  such  license  shall  pay  to  the  clerk  fifty  cents  as  his 
fee  for  issuing  and  recording  such  license  as  hereinafter 
provided. 

Section  8.  Iri  case  of  change  of  residence  from  one  county 
to  another  within  the  State  the  holder  of  a  dentist's  license 
shall  obtain  a  new  license  in  the  county  where  he  proposes 
to  reside  by  filing  with  the  clerk  of  the  Circuit  Court  the 
license  obtained  by  him  in  the  county  in  which  he  last  re- 
sided in  the  same  manner  as  provided  for  on  the  presentation 
of  his  certificate  from  the  State  Board  of  Dental  Examiners, 
and  the  clerk  shall  issue  him  a  new  license. 

Section  9.  It  shall  be  the  duty  of  the  clerk  of  the  circuit 
court  of  the  county  in  which  an  applicant  resides  or  proposes 
to  locate  to  issue  to  the  person  presenting  such  certificate 
as  hereinbefore  provided  a  license  over  his  official  seal  in  the 
following  form: 

State  of  Indiana,  county  of     ....     ss. 

I,     .     .     .     .     clerk  of  the circuit  court, 

in  the  State  of  Indiana,  do  hereby  certify  that 

.  .  .  .  has  complied  with  the  laws  of  Indiana  relating 
to  the  practice  of  dentistry  in  the  county  aforesaid.  Witness 
my  hand  and  the  seal  of  said  court,  this  ....  day  of   .  .  . 

,  Clerk. 

Section  10.  The  clerk  shall  enter  of  record,  the  name,  age, 
place  of  birth,  and  address  of  the  applicant,  and  the  person 
so  registering  shall  subscribe  to  and  verify  by  oath  before 
the  clerk  an  affidavit  concerning  such  facts,  which  if  wilfully 
false  shall  subject  the  affiant  to  conviction  for  perjury. 

Section  11.  The  clerk  shall  furnish  annually,  on  the  first 
day  of  January,  to  the  State  Board  of  Dental  Examiners, 
upon  blanks  furnished  by  such  board,  a  duplicate  list  of  all 


INDIANA  235 

certificates  received  and  licenses  issued  by  him  during  the 
preceding  year,  and  shall  include  therein  the  date  of  issue  of 
such  license,  and  the  name,  age,  and  residence  of  the  person 
receiving  the  same. 

Sections  12  to  19.     Organization,  Duties,  etc.,  of  Board. 

Section  20.  The  board  may  refuse  to  grant  a  certificate 
to  any  person  guilty  of  felony,  or  gross  immorality,  or  ad- 
dicted to  the  liquor  or  drug  habit  to  such  a  degree  as  to  render 
him  unfit  to  practise  dentistry,  or  to  any  person  who  may  be 
found  by  the  board  to  be  insane;  and  may, after  notice  and 
hearing,  revoke  a  certificate  and  any  license  which  may  have 
been  granted  thereon  for  like  cause.  An  appeal  may  be 
taken  from  the  action  of  the  board  to  the  circuit  or  superior 
court  of  the  county  in  which  the  certificate  was  refused  or 
revoked  by  the  board,  upon  the  applicant  giving  a  good  and 
satisfactory  bond  in  the  sum  of  two  hundred  dollars,  to  be 
approved  by  the  court,  to  secure  the  costs  of  such  appeal 
should  the  appeal  be  determined  against  him. 

Section  21.  It  shall  be  the  duty  of  the  Attorney  General, 
and  of  the  prosecuting  attorney  of  the  court,  to  which  an 
appeal  from  any  action  of  the  board  may  be  taken,  to  repre- 
sent the  board  in  any  such  appeal;  and  in  case  such  board 
shall  be  sustained  upon  appeal,  a  fee  of  twenty  dollars  shall 
be  taxed  as  a  part  of  the  cost  of  the  appeal  in  favor  of  the 
prosecuting  attorney. 

Section  22.  This  act  shall  not  apply  to  any  commissioned 
officer  of  the  United  States  Army,  Navy,  or  Marine  Hospital 
Service  in  the  discharge  of  his  official  duties,  nor  to  any 
dentist  who  is  legally  qualified  to  practise  in  the  State  or 
Territory  in  which  he  resides,  when  in  actual  consultation 
with  a  local  practitioner  of  this  State;  nor  to  any  dentist 
residing  on  the  border  of  a  neighboring  State  and  duly 
authorized  to  practise  dentistry  under  the  laws  thereof, 
whose  practice  extends  into  the  borders  of  this  State:  Pro- 
vided, That  such  practitioner  shall  not  open  an  office  or 
appoint  a  place  to  meet  patients  or  solicit  practice  within 
the  limits  of  this  State. 


236     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  23.  This  act  shall  not  apply  to  licensed  physicians 
or  surgeons,  who  are  hereby  authorized  to  extract  teeth  and 
to  perform  surgical  operations  at  their  usual  office,  residence, 
or  in  the  vicinity  of  their  ordinary  practice,  whenever  in 
their  judgment  the  same  may  be  necessary. 

Section  24.  To  open  an  office  for  such  purpose,  or  to  an- 
nounce to  the  public  in  any  way  an  intention  to  practise 
dentistry  in  any  county  in  the  State,  shall  be  to  engage  in  the 
practice  of  dentistry  within  the  meaning  of  this  act. 

Section  25.  Any  three  members  of  the  board  may  grant 
a  permit  to  practise  dentistry  to  any  person  who  shall  possess 
a  diploma  or  who  shall  have  attended  not  less  than  two  years 
at  a  reputable  dental  college  recognized  by  the  board,  and 
who  shall  file  with  the  secretary  of  the  board  his  application 
therefor;  but  such  permit  shall  by  its  terms  be  limited  to  some 
specified  period  of  time,  not  to  exceed  a  year,  and  no  second 
permit  shall  be  granted  to  the  same  person. 

Section  26.  The  holder  of  a  permit  shall  not  be  author- 
ized to  practise  dentistry  thereon  until  the  same  has  been 
presented  to  the  clerk  of  the  Circuit  Court  of  the  county  in 
which  said  applicant  proposes  to  practise  and  a  temporary 
license  shall  have  been  issued  thereon,  which  license  shall 
show  upon  its  face  the  time  of  the  expiration  of  the  authority 
given  by  the  board  to  practise  dentistry,  for  which  license 
the  same  fee  shall  be  paid  as  for  other  dental  licenses.  Nor 
shall  any  permit  authorize  the  issuance  of  a  license  which 
does  not  on  its  face  show  the  time  at  which  it  expires. 

Section  27.  Any  person  who  shall  practise  dentistry  in 
this  State  without  having  a  license  duly  issued  as  herein- 
before provided,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  two  hundred  dollars. 

Section  28.  The  board  shall  make  an  annual  report  to  the 
Governor  and  Indiana  State  Dental  Association. 

Section  29.  All  laws  and  parts  of  laws  in  conflict  with  this 
act  are  hereby  repealed,  and  also  an  act  entitled,  "An  Act  to 
regulate  the  practice  of  dentistry  in  the  State  of  Indiana," 
etc.,  approved  March  7,  1887. 


IOWA  237 


IOWA 


1906,  March  30,  chap.  116.  Laws  of  the  Thirty-first 
General  xA.ssembly. 

Section  1 .  License  for  Practitioners  from  Other  States;  Fee. , 
■ — ^The  Board  of  Dental  Examiners  may,  without  examination, 
issue  license  to  practise  to  any  dentist  who  shall  have  been  in 
legal  practice  in  some  other  State  or  Territory  for  a  period 
of  at  least  five  years,  upon  the  certificate  of  the  Board  of 
Dental  Examiners  or  a  like  board  of  the  State  or  Territory 
in  which  such  dentist  was  a  practitioner;  certifying  his  com- 
petency and  that  he  is  of  good  moral  character  and  upon 
payment  of  twenty-five  dollars:  Provided,  however,  that  the 
State  from  which  any  practitioner  may  come  shall  have,  and 
maintain  equal  standards  of  laws  regulating  the  practice  of 
dentistry  and  recognize  exchange  certificates  issued  by  the 
Board  of  Examiners  of  the  State  of  Iowa. 

Section  2.  Change  of  Residence  to  Another  State;  Certifi- 
cate; Fee. — Any  duly  licensed  dentist  of  the  State  of  Iowa  who 
is  desirous  of  changing  his  residence  to  that  of  another  State 
or  territory  shall  upon  application  to  the  Board  of  Dental 
Examiners,  and  the  payment  of  a  fee  of  five  dollars  receive  a 
certificate  which  shall  attest  that  he  is  a  duly  licensed  dentist 
of  the  State  of  Iowa. 

1907,  April  13,  chap.  144,  32d  General  Assembly,  amend- 
ing section  3  of  chap.  116,  31st  General  Assembly. 

Section  1.  License  to  be  Filed  and  Recorded;  Forfeiture; 
License  Filed  in  Wrong  County  Office. — Every  person  to  whom 
a  license  is  issued  shall  file  the  same  for  record  with  the  clerk 
of  the  district  court  in  the  county  in  which  he  desires  to 
practise  dentistry,  and  the  clerk  of  the  court  shall  be  entitled 
to  a  fee  of  fifty  cents  for  recording  such  license;  and  failure 
to  so  file  such  license  for  record  within  one  year  after  it  is 
issued  by  the  board,  shall  work  a  forfeiture  thereof  and  said 
license  shall  not  be  restored  by  the  board  except  upon  the 
payment  to  it  the  sum  of  twenty-five  dollars  as  penalty 
therefor :    Provided,  however,  That  where  a  license  to  practise 


238     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

dentistry  had  been  issued  at  any  time  prior  to  January  1, 
1907,  under  the  provisions  of  chapter  19  of  title  12  of  the 
code,  or  under  the  provisions  of  chapter  19-A  of  title  12  of  the 
supplement  to  the  code  and  the  same  in  good  faith,  but  by 
mistake,  has  been  filed  for  record  in  the  office  of  any  other 
.county  officer  of  the  proper  county  except  that  of  the  clerk 
of  the  district  court,  then  the  holder  of  such  license  shall  be 
allowed  six  months  from  and  after  the  taking  effect  of  this 
act  within  which  to  file  the  same  for  record  with  the  clerk  of 
the  district  court  in  the  county  in  which  he  desires  to  practise 
dentistry;  and  from  and  after  the  date  of  said  filing  the 
holder  of  such  license  shall  be  authorized  to  practise  den- 
tistry the  same  as  though  said  license  had  been  originally 
filed  with  the  proper  officer. 

Section  2.  In  Effect.  This  act  being  deemed  of  imme- 
diate importance  shall  take  effect  and  be  in  force  from 
and  after  its  publication  in  the  Register  and  Leader  and  the 
Des  Moines  Capital,  newspapers  published  at  Des  Moines, 
Iowa. 

1900,  April  16,  Chap.  91,  28th  General  Assembly. 

Sections  1  to  3.    Constitution  of  Board  of  Examiners. 

Section  4.  Examinations;  License;  Record  Books;  Fees. — 
The  board  shall  at  any  regular  meeting,  and  may  at  any 
special  meeting,  examine  applicants  for  a  license  to  practise 
dentistry  as  to  their  knowledge  and  skill  in  dental  surgery  and 
shall  issue  to  such  applicants  as  are  found  to  be  qualified  a 
license  authorizing  them  to  practise  dentistry.  The  license 
shall  be  signed  by  each  member  of  the  board,  attested  by  the 
president  and  the  secretary,  and  have  the  seal  of  the  board 
affixed  thereto;  and  shall  be  presumptive  evidence  of  the 
right  of  the  holder  to  practise  dentistry  in  the  State.  The 
name,  age,  nativity,  location,  number  of  years  of  practice  of 
the  person  to  whom  a  license  is  given,  the  number  of  the 
license,  and  the  date  of  the  registration  thereof  shall  be 
entered  in  a  book  kept  in  the  office  of  the  secretary  of  the 
board,  which  shall  be  open  to  the  inspection  of  the  public, 
under  proper  restrictions  as  to  its  safe  keeping,  and  the 
number  of  the  book  and  the  page  containing  such  entries 


IOWA  239 

shall  be  noted  on  the  face  of  the  license.  Each  applicant  for 
a  license  shall  be  a  graduate  of  a  reputable  dental  school, 
which  is  recognized  as  such  by  the  Board  of  Dental  Ex- 
aminers, and  pay  to  the  board  a  fee  of  twenty  dollars  before 
a  license  is  issued. 

Sections  5  to  8.  Rules,  Regulations,  Compensation,  Reports, 
etc.,  of  Board. 

Section  9.  License  Filed  tvith  Clerk  of  District  Court;  Fee. 
— Every  person  to  whom  a  license  is  issued  under  this  act  shall 
file  the  same  with  the  clerk  of  the  District  Court  in  the 
county  in  which  he  desires  to  practise  dentistry,  and  the 
clerk  of  the  court  shall  be  entitled  to  charge  a  fee  of  twenty- 
five  cents  for  filing  such  license;  and  a  failure  to  so  file  such 
license  within  one  year  after  the  same  was  issued  by  the 
board  shall  work  the  forfeiture  thereof. 

Section  10.  Penalty. — It  shall  be  unlawful  for  any  person 
to  practise  dentistry  in  this  State  without  having  complied 
with  the  provisions  of  this  act,  and  any  person  who  shall 
violate  the  provisions  thereof  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  shall  be  punished  by  a 
fine  not  exceeding  two  hundred  dollars  or  imprisonment  in 
the  county  jail  not  more  than  forty  days,  or  by  both  such 
fine  and  imprisonment. 

Section  11.    Eligibility  to  Board. 

Section  12.  Provisions  as  to  Physicians,  Dental  Students 
and  Registered  Practitiofiers.  Nothing  herein  shall  be  con- 
strued to  prevent  physicians  and  surgeons  from  extracting 
teeth  in  the  practice  of  their  profession,  or  to  prevent  bona 
fide  students  of  dentistry,  in  the  regular  course  of  their 
instruction,  from  operating  upon  patients  at  clinics,  or  under 
the  supervision  and  in  the  presence  of  their  preceptors,  but 
no  fee  or  salary  for  such  operations  shall  be  received,  either 
directly,  or  indirectly,  by  any  such  student  of  dentistry. 
And  nothing  herein  shall  be  construed  to  prohibit  the  practice 
of  dentistry  in  this  State  by  any  practitioner  who  has  been 
duly  registered  in  accordance  with  the  laws  of  Iowa  existing 
prior  to  the  passage  of  this  act ;  or  any  person  who  is  a  mem- 
ber of  an  incorporated  society  or  community  and  practising 


240     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

dentistry  solely  for  and  among  the  members  of  such  com- 
munity or  incorporated  society  without  charge  or  compensa- 
tion. 

KANSAS 

1909,  March  12,  Chap.  127,  Session  Laws. 

Section  1 .  It  shall  be  unlawful  for  any  person  to  practise 
dentistry  or  dental  surgery  in  the  State  of  Kansas  without 
having  first  been  regularly  examined  and  licensed  to  practise 
by  the  State  Board  of  Dental  Examiners,  as  hereinafter 
prescribed;  providing  that  any  person  residing  in  this  State 
who  is  lawfully  engaged  in  the  practice  of  dentistry  or  dental 
surgery  at  the  time  when  this  act  shall  take  effect  may  con- 
tinue in  the  practice  without  taking  such  examination: 
Provided,  further,  That  nothing  in  this  act  shall  be  so  con- 
strued as  to  prevent  regularly  and  legally  licensed  physicians 
and  surgeons  from  extracting  teeth.  (This  amends  section 
1  of  the  act  of  1903,  May  2,  Chap.  227,  and  of  March  14, 
1907.) 

Section  2.  No  person  unless  previously  registered  or 
licensed  to  practise  dentistry  or  dental  surgery  in  this  State 
at  the  time  this  act  shall  become  operative,  shall  begin  the 
practice  of  dentistry  or  dental  surgery,  or  any  branches 
thereof,  without  first  applying  for  and  obtaining  a  license  for 
such  purpose  from  the  Kansas  State  Board  of  Dental  Ex- 
aminers. Applications  shall  be  made  to  said  board  in  writing, 
and  shall  in  every  instance  be  accompanied  by  an  examina- 
tion fee  of  twenty-five  dollars,  together  with  satisfactory 
proof  that  the  applicant  is  of  good  moral  character  and 
twenty-one  years  of  age  or  over  at  the  time  of  making  the 
application.  Application  from  the  candidate  who  desires 
to  secure  a  license  from  said  board  to  practise  dentistry  or 
dental  surgery  in  this  State  shall  be  accompanied  by  satis- 
factory proof  that  the  applicant  so  applying  for  the  license 
has  been  engaged  in  the  actual,  legal,  and  lawful  practice  of 
dentistry  or  dental  surgery  in  some  other  State  or  country 
for  five  consecutive  years  just  prior  to  application,  or  is  a 


KANSAS  241 

graduate  of  and  has  a  diploma  from  the  faculty  of  a  reputable 
dental  college  or  school  or  dental  department  of  a  reputable 
university,  and  possesses  the  necessary  qualifications  pre- 
scribed by  the  board.  When  such  application  and  the  accom- 
panying proof  are  found  satisfactory,  the  board  shall  notify 
the  applicant  to  appear  before  it  for  examination  at  a  time 
and  place  to  be  fixed  by  the  board.  Examinations  shall  be 
theoretical  and  practical,  and  shall  be  of  such  a  character  as 
to  test  the  qualifications  of  the  applicant  to  practise  dentistry 
or  dental  surgery.  All  examinations  provided  for  in  this  act 
shall  be  conducted  by  the  board,  which  shall  provide  for  a 
fair  and  wholly  impartial  method.  (This  amends  section 
3  of  chapter  227,  Laws  of  1903.) 

Section  4.  Any  person  shall  be  regarded  as  practising 
dentistry  or  dental  surgery  within  the  meaning  of  this  act 
who  shall  for  a  fee,  salary,  or  other  reward,  paid  or  to  be 
paid,  directly  or  indirectly,  either  to  himself  or  to  another 
person,  perform  a  dental  operation  of  any  kind,  treat  dis- 
eases or  lesions  of  the  human  teeth  or  jaws,  or  correct  or 
attempt  to  correct  malpositions  thereof;  and  the  use  of  any 
sign,  card,  circular,  device  or  advertisement  by  which  any 
person  shall  hold  himself  out  to  the  public  as  a  dentist  or 
dental  surgeon,  or  person  skilled  in  the  science  of  dentistry, 
shall  be  considered  prima  facie  evidence  that  such  person  is 
engaged  in  the  practice  of  dentistry  and  dental  surgery;  but 
nothing  contained  in  this  act  shall  apply  to  acts  of  bona  fide 
students  of  dentistry  performed  without  compensation  in 
the  pursuit  of  clinical  advantages,  while  in  attendance  of  a 
regular  course  of  studies  in  a  reputable  dental  institution  of 
learning  as  aforesaid,  or  under  the  direct  supervision  of  a 
preceptor  who  is  a  registered  dentist  in  this  State. 

Sections  5,  6,  7.  Appointment,  Duties,  Compensation, 
etc.,  of  Dental  Board. 

Section  8.    Repealed  1909,  March  12,  Chap.  127. 

Section  3.     Any  person  who  shall  practise  dentistry  or 

dental  surgery  in  this  State  without  being  registered  or 

without  a  license  for  that  purpose,  or  violates  any  of  the 

provisions  of  this  act,  shall  be  subject  to  prosecution  before 

16 


242     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

any  court  of  competent  jurisdiction,  upon  complaint,  infor- 
mation or  indictment,  and  shall  upon  conviction  be  fined  for 
each  offence  in  any  sum  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars.  Any  person  who  shall 
swear  falsely  to  any  affidavit  or  oral  testimony  made  or 
given  by  virtue  of  the  provisions  of  this  act  shall  be  deemed 
guilty  of  perjury.  The  board  may  refuse  to  issue  the  license 
provided  for  in  this  act,  or  may  revoke  such  license  if  issued 
to  the  individuals  who  have  by  false  or  fraudulent  representa- 
tions obtained  or  sought  to  obtain  money  or  any  other  thing 
of  value  or  have  practised  under  names  other  than  their  own, 
or  for  any  other  dishonorable  conduct.  The  board,  when 
written  charges  have  been  filed  with  its  secretary,  supported 
by  affidavit  as  to  the  truthfulness  thereof,  shall  fix  a  time 
and  place  for  the  examination  of  the  person  so  charged,  and 
shall  give  written  notice  to  the  said  person  of  the  time  and 
place  of  such  hearing  and  furnish  him  with  a  copy  of  the 
charges,  at  least  twenty  days  prior  to  the  date  set  for  the 
examination.  (This  amends  sec.  3,  chap.  196,  S.  L.,  1907, 
which  amended  sec.  9,  of  chap.  227,  S.  L.,  1903.) 

Section  4.  Said  Board  of  Dental  Examiners  may,  with- 
out examination,  issue  license  to  practise  to  any  dentist  who 
shall  have  been  in  legal  practice  in  some  other  State  or 
territory  for  a  period  of  at  least  five  years,  upon  the  certi- 
ficate of  the  Board  of  Dental  Examiners  or  a  like  board  of  the 
State  or  Territory  in  which  such  dentist  was  a  practitioner, 
certifying  his  competency  and  that  he  is  of  good  moral 
character,  and  upon  payment  of  twenty-five  dollars:  Pro- 
vided, however,  That  the  State  from  which  any  practitioner 
may  come  shall  have  and  maintain  equal  standards  of  laws 
regulating  the  practice  of  dentistry,  and  recognize  exchange 
certificates  issued  by  the  Board  of  Dental  Examiners  of  the 
State  of  Kansas, 


KENTUCKY  243 


KENTUCKY 

1904,  March  17,  Kentucky  Statutes,  p.  86. 

Section  2636.  Unlawful  to  Practise  without  Diploma  or 
Certificate. — It  shall  be  unlawful  for  any  person  to  hereafter 
commence  the  practice  of  dentistry  or  dental  surgery  for 
compensation  unless  such  person  has  received  a  diploma 
from  the  faculty  of  a  dental  college  duly  authorized  by  the 
laws  of  this  state,  or  some  other  of  the  United  States  or  a 
foreign  countr}^,  and  a  certificate  of  qualification  issued  by 
the  Kentucky  State  Board  of  Dental  Examiners. 

Section  2637.  Kentucky  State  Dental  Association;  Powers 
of. — The  Kentucky  State  Dental  Association  is  continued 
under  its  present  organization,  and  shall  have  power  to 
adopt  such  by-laws  for  its  government  as  are  not  incon- 
sistent with  law,  and  may  prescribe  terms  of  qualification 
for  the  admission  of  members. 

Section  2638.  Examiners  to  he  Elected  hy  Association; 
Qualification  and  Meetings.  —  A  board  of  examiners,  to  be 
known  as  the  Kentucky  State  Board  of  Dental  Examiners, 
is  hereby  created,  the  members  constituting  said  board  to 
be  appointed  by  the  Governor,  the  said  board  to  consist  of 
five  members,  each  of  whose  term  of  office  shall  be  five  years. 
The  members  composing  the  present  board  shall  continue 
in  office  the  remainder  of  their  respective  terms,  after  w^iich, 
any  vacancy  in  the  said  board  shall  be  filled  by  appointment 
of  the  Governor  from  a  list  of  two  names  to  be  recommended 
by  the  Kentucky  State  Dental  Association  at  its  annual 
meeting.  No  one  shall  be  a  member  of  said  board  who  shall 
not  have  practised  dentistry  in  this  State  for  at  least  five 
years  preceding  his  appointment,  and  no  person  shall  be  a 
member  of  said  board  who  is  in  any  way  connected  with  a 
dental  college. 

Section  2639.  Three  Members  of  Board  of  Examiners, 
Quorum;  Fee  of  $20  shall  be  Charged  Applicants. 

Section  2640.  Compensation  of  Examiners;  Record  to  be 
Kept  by. 


244     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  2641 .  Dentistry;  Certificate  Necessary  before  Prac- 
tising; Registration;  Fee  to  Clerk. — Any  person  hereafter  desir- 
ing to  commence  the  practice  of  dentistry  or  dental  surgery 
in  this  Commonwealth  shall,  before  he  commences  to  prac- 
tise, undergo  a  satisfactory  examination  before  the  Kentucky 
State  Board  of  Dental  Examiners.  The  said  board  shall 
register  the  names  and  addresses  of  all  persons  passing  a 
satisfactory  examination,  in  a  book  kept  for  that  purpose, 
and  shall  issue  to  such  persons  a  certificate  of  registration, 
signed  by  members  of  the  board,  or  a  majority  thereof,  and 
bearing  the  seal  thereof,  which  certificate,  when  registered 
as  hereinafter  provided,  shall  entitle  the  person  to  whom  it  is 
granted  the  right  and  privilege  to  practise  dentistry  or  dental 
surgery  in  this  State.  All  persons  hereafter  receiving  such 
certificate  of  qualification  to  practise  dentistry  or  dental 
surgery  in  this  State  shall  have  same  recorded  in  the 
office  of  the  clerk  of  the  county  or  counties  in  which  he  shall 
practise,  and  it  shall  be  the  duty  of  such  clerk,  upon  presen- 
tation of  said  certificate  and  a  fee  of  fifty  cents,  to  register 
same  in  a  book  kept  in  the  office  for  the  registration  of 
physicians.  Nothing  in  this  act  shall  be  construed  to  prevent 
students  operating  in  the  clinic  of  a  regular  chartered  dental 
college,  under  the  direct  supervision  of  the- demonstrators 
thereof,  or  to  require  any  person  who  now  holds  a  certificate 
from  the  Kentucky  State  Dental  Association,  to  pass  an 
additional  examination  or  obtain  a  new  certificate.  All 
matriculates  now  attending  all  dental  colleges  in  Kentucky 
be,  and  they  are  exempt  from  any  and  all  the  provisions  of 
this  act,  so  far  as  it  refers  to  the  examination  of  persons  by 
the  State  Board  of  Dental  Examiners,  who  wish  to  begin 
the  practice  of  Dental  Surgery  in  the  Commonwealth  of 
Kentucky. 

Act  of  1908,  March  19. 

Section  2641a.  Unlawful  to  Practise  under  Name  of  a 
Company. — It  shall  be  unlawful  for  any  person  or  persons  to 
practise  or  offer  to  practise  dentistry  or  dental  surgery  under 
the  name  of  any  company,  association  or  corporation,  except- 
ing those  who  have  been  in  actual  business  for  fifteen  years 


KENTUCKY  245 

or  more,  but  any  person  or  persons  practising  or  offering  to 
practise  dentistry  or  dental  surgery,  shall  practise  under 
their  own  respective  name  or  names.  Each  and  every  person 
in  an  office  practising  or  offering  to  practise  dentistry  or 
dental  surgery,  shall  have  his  or  her  State  board  certificate 
displayed  in  plain  view  in  the  operating  room.  (This  and  the 
following  sections  amend  the  act  of  March  17,  1904.) 

Section  26416.  Certificates;  May  Refuse  to  Issue  or  Cancel. 
— The  State  Board  of  Dental  Examiners  may  refuse  to  issue 
certificates  to  the  matriculates  without  examination,  pro- 
vided for  in  section  2641,  Kentucky  Statutes,  and  may  refuse 
to  issue  the  certificates  provided  for  in  this  act,  or  may  sus- 
pend or  revoke  a  certificate  already  issued,  for  any  of  the 
following  causes: 

1st.  The  presentation  to  the  board  of  any  diploma, 
license,  or  certificate  illegally  or  fraudulently  obtained,  or  one 
obtained  from  an  institution  which  is  not  reputable,  or  an 
unrecognized  or  irregular  institution  or  State  board;  or  the 
practice  of  fraud  or  deception  in  passing  an  examination. 

2d.  The  commission  of  a  criminal  operation  or  conviction 
of  a  felony  involving  moral  turpitude,  or  chronic  or  persistent 
inebriety  or  addiction  to  drugs,  or  who  shall  advertise  or 
offer  to  use  or  use  any  drug,  nostrum,  patent  or  proprietary 
drug  or  medicine  of  any  unknown  formula,  or  engage  in  any 
grossly  unprofessional  conduct  likely  to  deceive  or  defraud 
the  public,  or  which  disqualifies  the  applicant  to  practise 
with  safety  to  the  people. 

In  all  proceedings  for  a  revocation  or  suspension  of  the 
certificate  under  this  act,  the  holder  shall  be  given  thirt}^ 
days'  notice  to  prepare  for  a  hearing,  and  he  shall  be  heard 
in  person  or  by  counsel  or  by  both.  The  president  and  the 
secretary  of  the  State  Board  of  Dental  Examiners  shall  have 
the  power  to  administer  paths,  and  in  such  hearing  and  all 
matters  arising  in  the  course  of  their  duties,  the  State  Board 
of  Dental  Examiners  may  take  oral  or  written  proof  for  or 
against  the  complainant,  as  it  may  deem  will  best  present 
the  facts.  In  all  cases  of  refusal,  suspension  or  revocation, 
the  applicant  or  holder  may  appeal  to  any  court  of  proper 
jurisdiction. 


246      STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  2642.  Penalty  for  Violation  of  This  Article. — Any 
person  failing  to  comply  with,  or  who  shall,  in  violation  of 
any  of  the  provisions  of  this  law,  practise  dentistry  or  dental 
surgery  in  this  State,  for  fee  or  reward,  shall,  for  each 
ofiFense,  be  guilty  of  a  misdemeanor,  and  be  fined  not  less 
than  fifty  dollars  nor  more  than  two  hundred  dollars  for 
each  offence. 

Section  2643.  Physicia^w  or  Surgeons  May  Extract  Teeth. 
— Nothing  in  this  law  shall  be  construed  to  prevent  physi- 
cians or  surgeons  from  extracting  teeth. 


LOUISIANA 

1900,  Act  88,  p.  136. 

Sections  1  to  6.  Creation,  duties,  compensation,  etc.,  of 
State  Board  of  Dental  Examiners. 

Section  7.  It  shall  be  unlawful  to  practise  or  attempt  or 
offer  to  practise  dentistry  in  this  State  without  having  first 
obtained  from  the  Louisiana  State  Board  of  Dentistry  a 
certificate  of  qualification  and  having  caused  such  certificate 
to  be  duly  recorded;  and  any  person  who  shall  violate  the 
provisions  of  this  section  shall,  on  conviction  thereof,  be 
sentenced  by  any  court  of  competent  jurisdiction  in  the 
State  to  pay  a  fine  not  exceeding  $100,  or  imprisonment  for 
a  term  not  exceeding  three  months,  or  both  fine  and  imprison- 
ment, at  the  discretion  of  .the  court;  and  any  person,  or  cor- 
poration, or  association  of  any  kind,  aiding  or  abetting  any 
person  in  the  violation  of  this  act,  whether  present  or  not 
when  such  unlawful  act  is  committed,  shall  be  subject,  on 
conviction,  to  the  same  punishment  as  provided  above. 
Each  and  every  member  of  such  offending  corporation  or 
association  shall  answer  for  such  corporation  or  association 
as  if  the  unlawful  act  had  been  the  own  act  of  such  members. 

Section  8.  That  the  certificate  referred  to  in  preceding 
section  shall  be  recorded  in  the  parish  where  the  holder 
thereof  practises  or  attempts  or  offers  to  practise  dentistry; 
in  the  parish  of  Orleans,  in  the  office  of  the  secretary  of  the 


LOUISIANA  247 

board  of  health,  and  in  the  other  parishes  of  the  State,  in  the 
office  of  the  clerk  of  court,  in  books  to  be  kept  for  that  pur- 
pose; and  it  shall  be  the  duty  of  the  said  secretary  of  the 
board  of  health  and  of  the  clerks  of  courts  to  make  such 
recordation,  for  which  they  shall  be  allowed  to  charge  a  fee 
of  one  dollar,  to  be  paid  by  the  person  applying  for  the 
registry  of  the  certificate. 

Section  9.  That  if  any  officer  of  the  law  or  member  of 
said  board  suspects  that  any  person  or  corporation  or  associa- 
tion of  any  kind  is  violating  or  has  violated  the  provisions 
of  this  act,  such  officer  or  member  may  make  an  affidavit 
setting  forth  the  facts  and  circumstances  giving  rise  to 
suspicion  and  may  then  call  upon  such  suspected  person  or 
corporation,  or  association,  to  make  to  said  officer  or  member 
of  said  board,  a  sworn  statement  touching  the  facts  and  cir- 
cumstances set  forth  in  said  affidavit;  and  should  the  person, 
corporation  or  association  thus  called  upon  refuse  or  fail 
after  a  delay  of  two  days  to  make  such  sworn  statement,  the 
facts  set  forth  in  said  affidavit  as  merely  suspected  shall  be 
taken  to  be  prima  facie  true;  and  should  said  facts  substan- 
tiate a  violation  of  the  present  act,  it  shall  be  the  duty  of  the 
district  attorney,  upon  said  affidavit  being  presented  to  him, 
together  with  another  affidavit  showing  such  refusal  or  fail- 
ure to  make  sworn  statement,  to  file  at  once  an  information 
based  upon  said  affidavits. 

In  the  case  of  corporations  and  associations,  the  demand 
for  the  sworn  statement  provided  for  in  this  section  may  be 
made  upon  any  person  in  charge  of  the  laboratory  or  office, 
or  place  of  business  of  such  corporation  or  association  and 
information  shall  be  filed  against  all  persons  named  in  the 
said  affidavits  as  being  members  of  (sic)  or  partners,  or 
associates  in  said  corporation  or  association.  (As  amended 
by  act  132,  1902,  p.  229.) 

Section  10.  That  it  shall  be  the  duty  of  the  Louisiana 
State  Board  of  Dentistry  to  publish  annually  in  the  official 
journal  of  the  State  (and  if  there  be  no  such  journal,  in  one 
of  the  daily  newspapers  of  the  city  of  New  Orleans)  a  list  of 
the  registered  practitioners  of  dentistry  in  the  State  and  their 


248     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

residences;  and  such  published  Hst  shall  be  received  in  the 
courts  of  the  State  as  proof  that  the  practitioners  of  dentistry 
therein  named  are  duly  registered  as  required  by  law. 

Section  11.  That  this  act  shall  not  apply  to  practitioners 
of  dentistry  already  qualified  and  registered  under  act  32  of 
1880  and  32  of  1894,  nor  regularly  enrolled  students  of  den- 
tistry while  practising  in  the  clinic  or  operating  room  of 
dental  colleges  of  recognized  standing  in  this  State;  nor  to 
surgeons  and  physicians  already  qualified  and  registered 
under  act  49  of  1894.    (As  amended  by  act  57,  1906,  p.  90.) 

Section  12.  That  said  board  shall  prescribe  in  its  regula- 
tions what  conditions  shall  constitute  a  good  standing  for  a 
dental  college  and  shall  issue  certificates  of  good  standing  to 
colleges  fulfilling  said  conditions  and  paying  the  fees  re- 
quired for  a  certificate;  and  such  certificates  shall  be  irre- 
vocable except  by  judicial  proceedings  and  for  cause.  The 
amount  of  fee  to  be  paid  for  such  certificate  of  good  standing 
shall  be  fixed  by  said  board  in  its  regulations  and  shall  not 
be  thereafter  increased. 

Section  13.  That  any  person  shall  be  regarded  as  prac- 
tising dentistry  within  the  meaning  of  this  act  who  shall  use 
the  words  "Doctor  of  Dental  Surgerv,"  "Doctor  of  Dental 
Medicine,"  or  the  letters  "D.D.  S."  or  "D.M.D.,"  in 
connection  with  his  name,  or  any  other  title  intended  to 
imply  him  to  be  a  practitioner  of  dentistry  in  all  its  branches. 

Section  14.  That  any  member  of  said  board  or  any 
officer  of  said  board  to  whom  the  said  board  may  delegate 
the  authority,  shall  be  empowered  to  administer  oaths  in 
connection  with  the  business  of  the  said  board  and  in 
furtherance  of  the  purposes  of  this  act. 

Section  15.  All  laws  and  parts  of  laws  in  conflict  with  this 
act  are  hereby  repealed. 

MAINE 

1891,  Chap.  43,  Laws  of  Maine. 

Section  1 .  No  person  shall  practise  or  attempt  to  practise, 
or  hold  himself  out  to  be  a  practitioner  of  dentistry  or  dental 


MARYLAND  249 

surgery  until  he  or  she  shall  have  first  received  a  certificate 
as  hereinafter  provided;  and  whoever  violates  the  provisions 
of  this  section,  shall  be  fined  not  less  than  twenty-five,  nor 
more  than  one  hundred  dollars  for  each  oflFence. 

Sections  2  and  3.  Creation,  duties  etc.,  of  Board  of  Dental 
Examiners. 

Section  5.  Any  person  desiring  to  practise  dentistry  or 
dental  surgery  in  this  State,  who  is  not  entitled  to  register 
under  the  preceding  section,  upon  first  passing  a  satisfactory 
examination  before  said  board,  in  anatomy,  physiology, 
pathology,  therapeutics,  chemistry  and  the  theory  and 
practice  of  dentistry,  and  on  payment  of  the  fee  as  provided 
in  section  seven  of  this  act  shall  be  entitled  to  registration 
and  shall  receive  a  certificate  as  provided  in  section  four  of 
this  act. 

Section  6.    Repealed  by  act  of  1903,  Chapter  95,  p.  72. 

Section  7.  The  board  shall  receive  from  the  applicant  for 
examination  under  the  provisions  of  the  preceding  section 
twenty  dollars,  which  shall  in  no  case  be  returned,  but  shall 
entitle  the  applicant  to  another  examination  without  pay- 
ment of  additional  fees,  and  shall  be  in  full  for  all  services 
and  expenses. 

Section  8.  Nothing  in  the  five  preceding  sections  shall 
be  so  construed  as  to  restrict  or  interfere  with  the  physicians 
and  surgeons  in  the  discharge  of  their  professional  duties, 
or  with  any  citizen  in  the  extraction  of  teeth  in  cases  of 
emergency. 

MARYLAND 

1896,  April  4,  Chap.  378,  p.  676. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of 
Maryland,  That  Article  32  of  the  Code  of  Public  General 
Laws,  entitled  "Dentistry"  be  and  the  same  is  hereby  re- 
pealed and  re-enacted,  so  as  to  read  as  follows: 

Section  2.  It  shall  be  unlawful  for  any  person  to  practise 
dentistry  in  this  State  unless  such  person  shall  have  obtained 
a  certificate,  as  hereinafter  provided. 


250     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Sections  3  and  4.  Dental  examiners;  president  and  secre- 
tary of  board. 

Section  5.  Any  person  twenty-one  years  of  age^  who  has 
graduated  at,  and  holds  a  diploma  from,  a  university  or 
college  authorized  to  grant  diplomas  in  dental  surgery  by  the 
laws  of  any  one  of  the  United  States,  and  who  is  desirous  of 
practising  dentistry  in  this  State,  may  be  examined  by  said 
board  with  reference  to  qualifications,  and,  upon  passing  an 
examination  satisfactory  to  said  board,  his  or  her  name, 
residence  or  place  of  business,  shall  be  registered  in  a  book 
kept  for  the  purpose,  and  a  certificate  shall  be  issued  to  such 
person.  Any  graduate  of  a  regular  college  of  dentistry  may, 
at  the  discretion  of  the  examining  board,  be  registered  with- 
out being  subjected  to  an  examination. 

Section  6.  All  certificates  issued  by  said  board  shall  be 
signed  by  its  officers  and  bear  its  seal. 

Section  7.  A  temporary  certificate  for  a  specified  time 
may  be  issued  by  the  officers  of  said  board  to  any  applicant 
holding  a  regular  dental  diploma  duly  registered  by  a  Board 
of  Dental  Examiners  created  by  the  laws  of  any  one  of  the 
United  States,  but  no  such  certificate  shall  be  issued  for  any 
longer  time  than  until  the  next  regular  meeting  of  the  board. 
The  fee  for  this  temporary  certificate  shall  be  five  dollars. 

Section  8.  Transcripts  from  the  aforesaid  book  of  regis- 
tration, certified  by  the  officer  who  has  the  same  in  keeping, 
with  the  seal  of  the  said  Board  of  Examiners,  shall  be  evidence 
in  any  court  of  this  State. 

Section  9.  A  fee  of  ten  dollars  shall  be  paid  to  the  secre- 
tary of  the  board  by  any  applicant  for  examination  and 
registration,  which  money  shall  be  used  toward  paying  the 
expenses  of  the  board. 

Section  10.  Every  person  shall  be  said  to  be  practising 
dentistry,  within  the  meaning  of  this  act,  who  shall,  for  a  fee, 
salary,  or  other  compensation,  paid  either  to  himself  or  to 
someone  else  for  services  rendered,  perform  operations  or 
parts  of  operations  of  any  kind  pertaining  to  the  mouth,  treat 
diseases  or  lesions  of  the  human  teeth  or  jaws,  or  correct 
malpositions  thereof. 


MASSACHUSETTS  251 

Section  11.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  article  shall  be  deemed  guilty  of  a  misdemeanor 
and,  upon  conviction  thereof,  in  any  court  having  criminal 
jurisdiction,  shall  be  fined  not  less  than  fifty  dollars  nor  more 
than  three  hundred  dollars,  or  be  confined  not  more  than  six 
months  in  the  county  jail,  or  if  the  conviction  takes  place  in 
Baltimore  city,  in  the  Baltimore  city  jail,  in  the  discretion 
of  the  court.  All  fines  received  under  this  act  shall  be  paid 
into  the  common  school  fund  of  the  city  or  county  in  which 
such  conviction  takes  place. 

Section  12.  Nothing  in  this  article  shall  be  so  construed 
as  to  interfere  with  the  rights  and  privileges  of  resident 
physicians  and  surgeons,  or  with  persons  holding  certificates 
duly  issued  to  them  prior  to  the  passage  of  this  act;  and 
dental  students  operating  under  the  immediate  supervision 
of  their  instructors  in  dental  infirmaries  or  dental  schools 
chartered  by  the  General  Assembly  of  Maryland. 

Section  13.  And  be  it  enacted,  That  nothing  in  this  act 
shall  prevent,  or  be  so  construed,  as  in  any  way  to  hinder 
the  prosecution,  conviction  or  punishment  of  any  person  who 
may  have  offended  against  any  of  the  provisions  of  said 
Article  thirty-two  of  the  Code  of  Public  General  Laws,  or 
against  any  of  the  provisions  of  any  of  the  Acts  of  Assembly 
of  which  the  same  was  a  codification. 

Section  14.  That  this  act  shall  take  effect  from  the  date 
of  its  passage. 

MASSACHUSETTS 

Revised  Laws  of-  Massachusetts,  Sections  24  to  29  of 
Chapter  76. 

Sections  24  and  25.  Board  of  Registration,  Chairman, 
Secretary,  etc. 

Section  26.  (As  amended  1908,  Chapter  294,  Sec.  1. 
Supplement  to  Revised  Stats,  p.  612.)  Section  1.  Any 
person  of  twenty-one  years  of  age  or  over,  upon  payment  of 
a  fee  of  twenty  dollars,  which  shall  not  be  returned  to  him, 
may  be  examined  by  said  board  at  a  regular  meeting  with 
reference  to  his  knowledge  and  skill  in  dentistry  and  dental 


252     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

surgery;  and  if  his  examination  is  satisfactory  to  said  board 
and  he  is  found  to  possess  the  requisite  quahfications,  and  to 
be  of  good  moral  character,  the  board  shall  issue  a  certificate, 
signed  by  the  chairman  and  secretary,  which  shall  be  prima 
facie  evidence  of  the  right  of  the  holder  to  practise  dentistry 
in  this  commonwealth.  Such  certificate,  or  duplicate  thereof, 
shall  be  posted  by  every  practising  dentist  in  a  conspicuous 
place  so  that  it  shall  be  in  plain  view  of  his  patients,  and 
every  person  who  owns  or  carries  on  a  dental  business  shall 
exhibit  his  full  name  in  plain  readable  letters  in  each  office 
or  room  in  which  such  business  is  transacted.  An  applicant 
who  fails  to  pass  a  satisfactory  examination  shall  be  entitled 
to  one  re-examination  at  any  future  meeting  of  the  board, 
free  of  charge,  but  for  each  subsequent  examination,  he  shall 
pay  five  dollars.  Said  board  shall  annually,  on  or  before  the 
first  of  January,  make  a  report  of  its  proceedings  to  the 
governor.  All  fees  received  by  the  board  shall  be  paid 
monthly  by  its  secretary  into  the  treasury  of  the  common- 
wealth. 

Section  27.  Repealed  by  1902,  505,  Sec.  6,  at  end  of 
Chapter. 

Section  28.  (As  amended  1909,  April  14,  Chap.  301,  p. 
244.)  Whoever  falsely  claims  or  pretends  to  have  or  hold  a 
certificate  granted  by  said  board,  or  falsely  and  with  the 
intent  to  deceive,  claims  or  pretends  to  be  a  graduate  of  any 
incorporated  dental  college,  or  who  practises  dentistry  with- 
out obtaining  a  certificate  as  provided  in  section  twenty-six 
of  this  act,  or  who  having  such  certificate  fails  to  exhibit  the 
same  as  required  by  section  twenty-six,  shall  be  punished  by 
a  fine  not  less  than  fifty,  nor  more  than  one  hundred  dollars 
or  by  imprisonment  for  three  months.  Any  person  who  owns 
or  carries  on  a  dental  practice  or  business,  or  who  by  himself, 
by  his  servants  or  agents,  or  by  contract  with  others  shall 
perform  any  operation  on  or  make  examination  of,  with  the 
intent  of  performing  or  causing  to  be  performed,  any  opera- 
tion on,  the  human  teeth  or  jaws,  or  who  shall  describe  him- 
self by  the  word  or  letters  "Dentist,"  "D.  D.  S."  or  other 
words,  letters  or  title  in  connection  with  his  name,  or  who 


MICHIGAN  253 

shall  advertise  by  sign,  card,  circular,  pamphlet  or  news- 
paper, or  otherwise  indicate  that  he  by  contract  with  others, 
or  by  himself,  his  servants  or  agents,  will  perform  any  opera- 
tion on  or  make  examination  of,  with  the  intention  of  per- 
forming or  causing  to  be  performed,  any  operation  on,  the 
human  teeth  or  jaws,  shall  be  deemed  to  be  practising 
dentistry  within  the  meaning  of  this  act,  and  unless  duly 
authorized  thereto  by  obtaining  a  certificate  as  provided  in 
section  twenty-six,  shall  be  liable  to  punishment  as  above 
provided,  and  whoever  in  practising  dentistry  as  above 
defined  owns  and  carries  on  a  dental  practice  or  business,  and 
fails  to  exhibit  his  name  as  required  by  section  twenty-six, 
shall  for  such  offence  be  liable  to  punishment  as  above  pro- 
vided. The  word  "person,"  in  this  act  shall  include  a  cor- 
poration ;  and  any  corporation  violating  any  provision  of  this 
act  shall  be  liable  to  a  fine  as  herein  provided,  and  the 
officers  of  the  corporation  concerned  in  the  said  violation  shall 
be  liable  to  fine  and  imprisonment  as  above  provided. 

Section  29.  (As  amended  1905,  April  13,  289,  Sec.  2.) 
The  provisions  of  sections  24  to  28  inclusive,  shall  not  apply 
to  a  physician  registered  under  the  provisions  of  this  chapter 
and  in  actual  practice  as  a  physician,  in  cases  where  he  deems 
immediate  treatment  necessary  for  the  relief  of  his  patients, 
nor  prevent  a  licensed  dentist  of  another  State  from  operating 
at  a  public  clinic  under  the  auspices  of  a  duly  organized  and 
reputable  dental  association  nor  a  student  of  a  reputable 
chartered  dental  college  incorporated  under  the  laws  of  this 
commonwealth,  and  duly  authorized  to  grant  degrees  in 
dentistry,  from  performing  operations  in  the  college  in- 
firmary as  a  part  of  the  regular  college  course  and  in  the 
presence,  and  under  the  actual  instruction,  of  a  registered 
dentist  appointed  as  instructor. 

MICHIGAN 

1907,  June  2Sth,  Public  Acts,  p.  491. 
Section  1.    It  shall  be  unlawful  for  any  person  not  a  reg- 
istered dentist  within  the  meaning  of  this  act,  to  practise 


254     STATUTES  REGULA  TING  PRACTICE  OF  DENTISTRY 

dentistry  or  dental  surgery  in  any  of  its  departments,  as 
principal  or  agent,  in  the  State  of  Michigan,  except  as 
hereinafter  provided. 

Section  2.  State  Board  of  Dental  Examiners,  number, 
appointment,  etc. 

Section  3.  All  persons  who  desire  to  begin  the  practice  of 
dentistry  in  this  State  after  the  passage  of  this  act,  and  who 
shall  have  a  license  from  the  dental  board  of  another  State, 
or  who  shall  have  received  a  diploma  from  the  faculty  of 
some  reputable  dental  college  duly  organized  under  the  laws 
of  this  or  any  other  State  of  the  United  States,  shall  have  the 
right  to  apply  to  the  dental  board  of  this  State  for  examina- 
tion as  to  their  proficiency;  and  all  successful  applicants 
shall  be  licensed  and  registered  by  said  dental  board:  Pro- 
vided, Nothing  in  this  act  shall  deprive  a  candidate  who  has 
already  appeared  before  the  board  and  failed  on  examination 
from  the  privilege  of  re-examination.  Said  dental  board 
shall  be  authorized  to  ascertain  and  determine  what  shall 
constitute  a  dental  college  or  institution  in  good  standing 
and  repute;  but  no  such  dental  college  or  dental  institution 
shall  be  considered  reputable  unless  the  same  shall  possess 
the  following  qualifications: 

1st.  It  shall  be  chartered  under  the  laws  of  the  State  in 
which  it  is  located  and  operated,  and  shall  be  authorized  by 
its  charter  to  confer  the  degrees  of  Doctor  of  Dental  Surgery 
or  Doctor  of  Dental  Medicine. 

2d.  It  shall  deliver  annually,  a  full  course  of  lectures 
and  instructions  by  competent  faculty  and  corps  of  instruc- 
tors in  the  following  subjects:  Anatomy,  chemistry,  physi- 
ology, histology,  materia  medica,  therapeutics,  dental 
metallurgy,  pathology,  bacteriology,  operative  dentistry, 
prosthetic  dentistry,  crown  and  bridge  work  and  oral  surgery 
and  hygiene,  said  course  of  instruction  to  consist  of  not  less 
than  three  terms  in  separate  academic  years  and  of  not  less 
than  thirty-two  weeks  of  six  days  for  each  session,  and  shall 
require  its  matriculates  to  have  a  general  education  equiva- 
lent to  that  required  for  graduation  from  a  high  school  of 
recognized  standing. 


MICHIGAN  255 

3d.  The  apparatus  and  equipment  of  each  said  dental 
college  or  institution  shall  be  ample  and  sufficient  for  the 
ready  and  full  teaching  of  the  above  named  subjects,  and 
every  such  college  shall  allow  said  State  Board  of  Dental 
Examiners  of  this  State  the  privilege  of  inspecting  its  work 
and  equipment  at  any  time. 

Section  4.  Said  dental  board  shall  have  power,  after  due 
notice  in  writing  for  twenty  days  and  upon  a  full  hearing  at  a 
time  and  place  fixed  in  said  notice,  to  revoke  and  annul  any 
original  license  or  registration  for  fraud,  deceit  or  misrepre- 
sentation in  the  practice  of  dentistry,  or  for  gross  violations 
of  professional  duties.  Nor  shall  said  dental  board  relicense 
anyone  whose  license  has  once  been  revoked  for  any  of  the 
above  causes  within  one  year  after  such  revocation,  and  then 
only  upon  sufficient  assurance  and  guarantees  to  said  board 
of  correct  conduct  for  the  future.  The  notice  hereinbefore 
provided  to  be  given  may  be  served  by  registered  letter 
mailed  to  the  address  of  the  dentist  under  investigation,  and 
when  the  whereabouts  of  any  such  person  is  unknown,  then 
said  notice  may  be  sent  to  the  last  known  address  of  such 
person. 

Section  5.  All  persons  entitled  to  examination  as  pro- 
vided in  this  act  shall  file  application  and  license  in  writing, 
supported  by  affidavit,  stating  the  facts  which  entitle  him  or 
her  to  such  examination,  and  each  applicant  shall  accompany 
his  or  her  application  with  such  license  or  diploma  for  veri- 
fication as  to  its  genuineness.  All  applicants  for  examination 
shall,  at  the  time  of  making  such  application,  pay  to  the 
secretary-treasurer  of  the  dental  board,  a  fee  of  twenty 
dollars,  and  each  applicant  shall  present  himself  before  the 
said  dental  board  for  examination  at  the  first  or  second 
regular  meeting  after  his  application  shall  have  been  made, 
and  in  default  thereof,  said  fee  shall  be  forfeited  to  said 
dental  board.  The  fee  for  any  subsequent  application  for 
examination  or  reexamination  shall  be  ten  dollars.  The 
examination  may  be  written  or  oral,  or  both,  at  the  option 
of  said  board,  and  shall  include  the  following  subjects: 
anatomy,   chemistry,   physiology,    histology,    bacteriology, 


256     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

operative  dentistry,  prosthetic  dentistry,  crown  and  bridge 
work,  and  oral  surgery  and  hygiene.  All  persons  of  good 
moral  character,  who  shall  successfully  pass  such  examina- 
tion, shall  be  licensed  and  registered  by  said  dental  board 
and  shall  receive  a  certificate  of  such  license  and  registration 
duly  authenticated  by  the  signature  of  the  members  of  the 
board  and  with  the  seal  of  said  board  attached;  and  in  no 
case  shall  said  examination  fee  be  refunded,  but  said  dental 
board  may,  for  sufficient  cause,  remit  said  fee  for  subsequent 
reexamination. 

Section  6.  No  person  having  received  a  certificate  from 
the  State  Board  of  Dental  Examiners  in  the  manner  herein- 
before provided  shall  engage  in  the  business  of  a  dentist  in 
any  county  of  the  State  in  which  he  shall  locate,  or  into 
which  he  shall  afterward  remove,  until  he  shall  have  had 
such  certificate  recorded  in  the  office  of  the  county  clerk  of 
such  county,  and  it  is  hereby  made  the  duty  of  the  county 
clerk  to  record  such  certificates  in  a  book  provided  and  kept 
for  that  purpose,  and  the  clerk  is  authorized  to  charge  a  fee 
of  fifty  cents  for  recording  such  certificate,  to  be  paid  by 
the  person  offering  such  certificate,  for  record.  The  record 
of  each  certificate  required  by  this  act,  or  certified  copy 
thereof,  shall  be  evidence  in  all  courts  that  the  person  holding 
it  is  a  registered  dentist  within  the  meaning  of  this  act.  It 
is  hereby  made  the  duty  of  each  county  clerk  in  the  State  to 
furnish  the  State  Board  of  Dental  Examiners  on  the  first  day 
of  July  a  list  of  all  dentists  registered  in  his  county  during 
the  preceding  year,  this  report  to  be  made  on  tabulated 
blanks  to  be  sent  to  said  county  clerk  for  the  purpose.  The 
register  of  the  county  clerk  shall  be  open  to  public  inspection 
during  business  hours.  Any  failure  or  neglect  or  refusal  on 
the  part  of  any  person  holding  such  certificate  to  register  the 
same  with  the  county  clerk  as  above  directed,  for  a  period  of 
six  months,  shall  work  a  forfeiture  of  the  certificate.  In  order 
that  a  complete  register  of  all  the  dentists  practising  in  this 
State  at  the  present  time  may  be  made,  within  sixty  days 
after  this  act  takes  effect,  it  shall  be  the  duty  of  every  dentist 
at  present  practising  in  the  State,  whether  legally  licensed 


MICHIGAN  257 

at  present  or  otherwise,  to  forward  to  the  Board  of  Dental 
Examiners  an  affidavit  setting  forth  the  facts  of  his  registra- 
tion or  the  credentials  upon  which  he  may  claim  re-registra- 
tion. This  application  shall  be  accompanied  with  a  fee  of 
three  dollars,  which  shall  be  deposited  in  a  special  fund  to 
be  used  only  by  the  Board  of  Examiners  for  the  enforcement 
of  this  act  against  unlicensed  or  unregistered  practitioners. 
No  license  or  certificate  of  registration  when  once  forfeited, 
for  any  cause,  shall  be  registered,  except  upon  the  payment 
to  the  said  Board  of  Dental  Examiners  of  the  sum  of  twenty- 
five  dollars  as  a  penalty  for  such  neglect,  failure,  refusal  or 
misconduct. 

Section  7.  All  persons  shall  be  said  to  be  practising  den- 
tistry within  the  meaning  of  this  act,  who  shall  use  the  word 
or  letters  "Dentist,"  "D.  D.  S.,"  or  any  other  letters  or  title 
in  connection  with  his  name,  which  in  any  way  represents 
him  as  engaged  in  the  practice  of  dentistry,  or  who  shall 
advertise  or  permit  it  to  be  done  by  sign,  card,  circular, 
handbill,  newspaper  or  otherwise,  that  he  can  or  will  attempt 
to  perform  dental  operations  of  any  kind,  treat  diseases  or 
lesions  of  the  human  teeth  or  jaws,  or  replace  lost  teeth  by 
artificial  ones,  or  attempt  to  correct  malpositions  thereof,  or 
who  shall  for  a  fee,  salary,  or  other  reward,  paid  or  to  be 
paid,  either  to  himself  or  to  another  person,  perform  dental 
operations  of  any  kind,  treat  diseases  or  lesions  of  the  human 
teeth  or  jaws,  or  replace  lost  teeth  by  artificial  ones,  or 
attempt  to  correct  malpositions  thereof.  But  nothing  con- 
tained in  this  act  shall  be  taken  as  applying  to  the  acts  of 
legally  qualified  physicians  in  the  extraction  of  teeth,  in  the 
performance  of  their  duties  as  such,  or  to  acts  of  bona  fide 
students  of  dentistry  done  in  the  college  building,  in  the 
pursuit  of  clinical  advantages  while  in  attendance  upon  a 
regular  course  of  study  in  a  reputable  dental  college.  Any 
licensed  dentist,  proprietor,  partnership,  association  or  cor- 
poration, owning,  running,  operating  or  controlling  any  room 
or  rooms,  office  or  dental  parlors,  where  dental  work  is  done, 
provided  or  contracted,  who  shall  employ,  keep  or  retain  any 
unlicensed  dentist  or  student  as  an  operator  shall  be  guilty 
of  a  misdemeanor  and  punished  as  provided  in  section  ten. 
17 


258     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  8.  Compensation  of  examiners;  Excess  moneys, 
how  held,  etc. 

Section  9.  Any  person  who  shall  practise  or  attempt  to 
practise  dentistry  either  as  proprietor,  employee  or  assistant, 
without  having  a  license,  or  without  having  his  license  re- 
newed as  provided  by  section  7  of  this  act,  or  without  keeping 
his  license  in  open  view  in  his  operating  room,  shall  be  pun- 
ished by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  two 
hundred  dollars,  or  by  confinement  in  the  county  jail  not  less 
than  twenty  days,  or  by  both  such  fine  and  imprisonment. 
It  is  hereby  made  the  duty  of  the  prosecuting  attorney  of 
each  county  in  the  State  to  prosecute  every  such  case  to 
final  judgment,  whenever  his  attention  shall  be  called  to  a 
violation  of  this  act. 

Section  10.  An  applicant  shall  be  registered  and  given  a 
certificate  of  registration  if  he  or  she  present  a  certified  copy 
of  certificate  of  registration  or  license  which  has  been  issued 
to  said  applicant  in  any  other  State  or  foreign  country  where 
the  requirements  for  registration  shall  be  deemed  by  said 
board  to  be  equivalent  to  those  of  this  act:  Provided,  That 
such  country  or  State  shall  accord  a  like  privilege  to  holders 
of  certificates  from  this  board.  The  fee  for  registration  of 
applicants  of  this  class  shall  be  ten  dollars,  to  be  paid  at  the 
time  of  application. 

Section  1 1 .  Any  person  filing,  or  attempting  to  file,  as  his 
own,  the  diploma  or  license  of  another,  or  a  forged  affidavit 
of  identification  or  qualification,  shall  be  deemed  guilty  of  a 
felony,  and  upon  conviction  thereof,  shall  be  subject  to  such 
fine  and  imprisonment  as  is  made  and  provided  by  the 
Statutes  of  this  State  for  the  crime  of  forgery. 

Section  12,  Act  number  one  hundred  and  forty  of  the 
public  acts  of  eighteen  hundred  eighty-three,  and  all  acts  or 
parts  of  acts  in  any  way  contravening  the  provisions  of  this 
act,  are  hereby  repealed, 

1909,  June  2,  Public  Acts,  p,  422. 

Section  1,  All  actions  for  trespass  upon  lands,  or  for 
assault  and  battery,  or  for  false  imprisonment,  and  all 
actions  for  slanderous  words,  and  all  actions  against  physi- 


MINNESOTA  259 

cians,  surgeons  and  dentists  for  malpractice  shall  be  com- 
menced within  two  years  next  after  the  cause  of  action  shall 
accrue  and  not  afterward.  And  all  actions  for  libel  shall 
be  commenced  within  one  year  next  after  cause  of  action 
shall  accrue  and  not  afterward. 

MINNESOTA 

1911,  April  18,  Chap.  221,  General  Laws,  p.  296. 

Sections  1  and  2.  Board  of  Dental  Examiners.  Officers. 
Meetings,  Compensation. 

Section  3.  Dentistry  Defined;  Inhibition;  Exception. — All 
persons,  firms,  corporations  or  associations  shall  be  said  to  be 
practising  dentistry,  within  the  meaning  of  this  section,  who 
shall  use  the  word  or  letters  "Dentist,"  or  "D.  D.  S."  or  any 
other  letters  in  connection  with  his  or  their  names  which  in 
any  manner  represents  him  or  them  as  engaged  in  the  practice 
of  dentistry,  or  who  shall  advertise  or  permit  it  to  be  done 
by  sign,  circular,  handbill,  newspaper  or  otherwise,  that  he 
or  they  will  attempt  to  perform  dental  operations  of  any 
kind,  treat  diseases  or  lesions  of  the  human  jaws  or  replace 
teeth  by  artificial  ones  or  attempt  to  correct  malpositions 
thereof,  or  who  shall  for  a  fee,  salary  or  other  reward,  paid 
or  to  be  paid  either  to  himself  or  another  person,  perform 
dental  operations  of  any  kind,  treat  diseases  or  lesions  of  the 
human  jaws  or  teeth,  or  replace  lost  teeth  by  artificial  ones, 
or  attempt  to  correct  malpositions  thereof. 

Provided,  however,  That  the  foregoing  provisions  of  this 
section  shall  not  apply  to  students  enrolled  in  and  regularly 
attending  any  dental  college  and  to  their  acts  done  under 
the  direct  supervision  of  a  licensed  dentist. 

Section  4.  Examinations;  License;  Revocation;  Assumed 
Name. — A  person  not  already  a  registered  dentist  of  the 
State  desiring  to  practise  dentistry  therein,  shall  apply  to 
the  secretary  of  the  board  for  examination  and  pay  a  fee  of 
twenty  dollars  for  the  first  examination  and  twenty  dollars 
for  each  subsequent  examination  which  in  no  case  shall  be 
refunded.     At  the  next  regular  meeting  he  shall  present 


260     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

himself  for  examination  and  produce  his  diploma  from  some 
dental  college  of  good  standing,  of  which  standing  the  board 
shall  be  the  judges,  also  satisfactory  evidence  showing  that 
the  applicant  is  of  good  moral  character.  The  board  shall 
give  the  applicant  such  an  elementary,  practical  examination 
as  to  thoroughly  test  his  fitness  for  the  practice  of  dentistry 
and  include  therein  the  subjects  of  anatomy,  physiologj^ 
chemistry,  materia  medica,  therapeutics,  metallurgy,  his- 
tology, pathology  and  operative,  surgical  and  mechanical 
dentistry;  and  the  applicant  shall  be  required  to  demonstrate 
his  skill  in  operative  and  mechanical  dentistry.  If  the  appli- 
cant successfully  passes  the  examination,  he  shall  be  regis- 
tered by  the  board  as  a  licensed  dentist,  and  supplied  with 
the  certificate  of  registration  signed  by  all  members  of  the 
board  of  dental  examiners. 

Provided,  That  any  dentist  who  has  been  in  legal  practice 
in  another  State  having  and  maintaining  an  equal  standard 
of  laws  regulating  the  practice  of  dentistry  with  this  State, 
for  five  years  or  more  and  is  a  reputable  dentist  of  good 
moral  character,  and  is  desirous  of  removing  to  this  State 
and  deposits  in  person  with  the  board  of  dental  examiners 
a  certificate  from  the  examining  board  of  the  State  in  which 
he  is  registered,  certifying  to  the  fact  of  his  registration  and 
that  he  is  of  good  moral  character  and  professional  attain- 
ments, and  upon  payment  of  a  fee  of  fifty  dollars  may,  at  the 
discretion  of  the  board,  be  granted  a  license  to  practise  in 
this  State  without  further  theoretical  examination. 

The  board  upon  hearing,  after  twenty  days'  notice  thereof 
may  revoke  the  license  of  anyone  who  with  intent  to  deceive 
the  public,  shall  practise  dentistry  under  an  assumed  name 
or  where  it  shall  be  shown  that  the  holder  of  such  license  is 
not  of  good  moral  and  upright  character.  It  shall  be  no 
defence  for  a  person  prosecuted  for  practising  dentistry  under 
one  name,  without  a  license,  that  he  shall  have  been  licensed 
under  a  diiTerent  name,  unless  it  shall  be  shown  that  such 
practice  was  without  intent  to  defraud  or  deceive. 

Section  5.  Record  of  Certificate;  Fees. — Within  six 
months  after  its  issuance,  the  certificate  of  registration  shall 


MINNESOTA  261 

be  filed  for  record  with  the  clerk  of  the  district  court  in  the 
county  where  the  holder  resides.  If  he  changes  his  residence 
to  another  county,  he  shall  file  his  certificate,  or  a  certified 
copy  of  the  record  thereof  in  such  county  before  practising 
therein.  Such  clerk's  fee  for  recording  a  certificate  or  copy 
shall  be  fifty  cents  and  for  a  certified  copy  one  dollar.  The 
fee  of  the  board  for  a  duplicate -certificate  shall  be  one  dollar. 

Section  6.  Annual  Fee. — Before  the  first  of  May  in  each 
year  every  registered  dentist  shall  pay  to  the  board  a  license 
fee  of  one  dollar,  and  in  default  of  such  payment  the  board 
may,  upon  hearing  and  upon  twenty  days'  notice,  revoke 
the  license  of  the  dentist  in  default;  but  the  payment  of  such 
fee  on  or  before  the  time  of  hearing  with  such  additional  sum 
not  exceeding  five  dollars,  as  may  be  fixed  by  the  board, 
shall  excuse  the  default.  The  board  may  collect  such  fee 
by  suit. 

Section  7.  ProJiibition;  Penalties;  Disjjosition  of  Fines. — 
No  person  shall  practise  dentistry  in  the  State  without  hav- 
ing complied  with  the  provisions  of  this  subdivision.  Any 
person  who  shall  practise,  or  who  shall  attempt  to  practise 
dentistry,  either  as  a  proprietor,  employee  or  assistant,  shall 
keep  his  annual  renewal  license  in  open  view  in  his  operating 
room,  failing  to  do  so  he  shall  be  deemed  guilty  of  a  mis- 
demeanor. Any  licensed  dentist,  proprietor,  partnership, 
association,  or  corporation  ow^ning,  running,  operating  or 
controlling  any  room  or  rooms,  office  or  dental  parlors  where 
dental  work  of  any  kind  is  done,  or  provided  for,  or  contracted 
for,  who  shall  employ,  keep,  or  retain,  contrary  to  the  pro- 
visions of  this  law  any  unlicensed  dentist  shall  be  guilty  of  a 
misdemeanor.  Any  person  who  shall  falsely  pretend  that  he 
holds  a  certificate  of  registration  from  the  board,  or  shall 
violate  any  of  the  provisions  of  this  section  shall  be  guilty 
of  a  misdemeanor.  The  board  may  when  it  deems  it  best 
for  the  enforcement  of  the  law,  employ  such  attorney  as  the 
attorney  general  shall  appoint.  x-Vll  fines  collected  under  the 
provisions  hereof  shall  be  paid  into  the  school  fund  of  the 
county  in  which  the  conviction  occurred. 

Section  8.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 


262     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 


MISSISSIPPI 

Code  of  1906,  Chapter  31,  p.  524. 

1608.  Duty  to  Obtain  License. — Every  person  who  desires 
to  practise  dentistry  must  obtain  a  license  to  do  so,  as  here- 
inafter provided;  but  this  section  shall  not  apply  to  dentists 
now  holding  a  permanent  license  to  practise  dentistry,  the 
same  having  been  recorded  as  required  by  law. 

1609  to  1611  (Laws  of  1904,  Chap.  145.)  Board  of  Dental 
Examiners  Created;  Oath;  Organization. 

1612.  License  upon  Examination. — Every  person  who 
desires  to  practise  dentistry  must  apply  in  writing  to  the 
Board  of  Dental  Examiners  for  a  license  to  do  so.  Such 
application  must  be  signed  by  two  reputable  citizens  of  the 
State,  attesting  that  the  applicant  is  of  good  moral  character, 
and  that  he  possesses  an  education  equal  to  a  high  school 
graduation.  The  applicant  must  appear  before  the  board 
and  be  examined  by  it  touching  his  learning  and  skill  in 
dentistry,  and  if  he  be  found  to  possess  sufficient  learning 
and  skill  therein,  and  to  be  of  good  moral  character,  the  board 
shall  immediately  issue  to  him  a  license  to  practise  dentistry, 
which  shall  be  signed  by  each  member  of  the  board  who 
attended  the  examination  and  approved  the  issuance  of  the 
license. 

1613.  Examination:  When,  Where,  and  How  Conducted. — 
The  Board  of  Dental  Examiners  shall  meet  at  the  capitol  of 
the  State  on  the  third  Tuesday  in  May  of  each  year  for 
the  purpose  of  examining  applicants  for  license  to  practise 
dentistry;  and  to  continue  in  session  until  all  applicants  for 
license  have  been  examined,  and  their  examination  has  been 
approved  or  disapproved.  All  examinations  except  as  to 
character  shall  be  upon  written  questions  and  answers  on 
the  following  subjects:  operative  dentistry,  prosthetic  den- 
tistry, oral  surgery,  physiology,  metallurgy,  anesthetics, 
orthodontia,  and  in  chemistry,  anatomy,  materia  medica, 
pathology,  therapeutics,  histology,  and  bacteriology,  as  they 
pertain  to  dentistry,  together  with  a  practical  examination 


MISSISSIPPI  263 

in  operative  and  mechanical  dentistry,  three  members  of 
the  board  constituting  a  quorum  for  business. 

1614.  Fee  for  Examination. — Apphcants  for  license  who 
are  required  to  be  examined  touching  their  learning  and  skill 
in  dentistry,  must  each  pay  a  fee  of  ten  dollars  to  the  Board 
of  Dental  Examiners  as  a  condition  precedent  to  the  exami- 
nation, which  fee  shall  be  distributed  among  the  members  of 
the  board  as  their  compensation  in  such  proportion  as  the 
board  may  allow. 

1615.  Temporary  License. — Any  member  of  the  Board  of 
Dental  Examiners  may  examine  applicants,  orally  or  in 
writing,  and  issue  a  temporary  license  to  them  to  practise 
dentistry,  which  shall  authorize  such  practice  and  be  valid 
until  the  next  succeeding  meeting  of  the  board.  But  one 
temporary  license  shall  ever  be  issued  to  the  same  applicant. 

1616.  License  Must  be  Recorded. — Every  person  who  re- 
ceives a  license  to  practise  dentistry  must  file  it  for  record 
in  the  office  of  the  clerk  of  the  Circuit  Court  of  the  county 
in  which  he  shall  reside  within  thirty  days  aft*r  its  issuance; 
and,  if  he  fail  to  do  so,  he  shall  thereafter  be  liable  for  prac- 
tising dentistry  without  a  license  so  long  as  the  same  shall 
remain  unrecorded.  When  such  license  shall  be  filed,  the 
clerk  shall  record  the  same  in  the  book  in  which  the  licenses 
of  physicians  are  recorded,  upon  the  payment  to  him  of  the 
lawful  fee;  and,  when  recorded,  the  original  shall  be 
delivered,  on  demand,  to  the  licensee. 

1617.  Licenses  in  Lieu  of  One  Lost. — If  a  license  to  practise 
dentistry  be  issued  and  become  lost  or  destroyed,  the  Board 
of  Dental  Examiners  may  issue  another  in  lieu  of  it,  upon 
satisfactory  proof  of  the  loss  or  destruction. 

1618.  Board  of  Dental  Examiners  Must  Keep  a  Record  of 
its  Proceedings. — It  is  the  duty  of  the  Board  of  Dental 
Examiners  to  cause  its  secretary  to  keep  a  complete  record 
of  its  acts  and  proceedings,  and  to  preserve  all  papers,  docu- 
ments, and  correspondence  received  by  the  board  and  relating 
to  its  duties  and  office. 

1619.  Stationery,  Blanks,  etc. — Such  stationery,  blank- 
books  and  forms  as  may  be  needed  by  the  Board  of  Dental 


264     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Examiners  in  the  discharge  of  its  duties  shall  be  furnished 
to  it  by  the  board  of  public  contracts. 

1620.  Members  of  the  board  may  be  removed;  vacancies 
filled. 

1621.  Physicians  May  Extract   Teeth. — Physicians  may 
extract  teeth  by  virtue  of  their  licenses  to  practise  medicine. 


MISSOURI 

1905,  April  12,  Laws  of  Missouri,  p.  213. 

This  article,  consisting  of  sections  8525  to  8536  of  the  Re- 
vised Statutes  of  1899,  was  repealed,  and  a  new  article  was 
enacted  in  lieu  thereof,  to  be  known  as  Article  III  of  Chapter 
128,  and  entitled  "An  act  to  regulate  the  practice  of  den- 
tistry and  dental  surgery,"  with  sections  bearing  the  same 
numbers  as  those  of  the  article  repealed. 

Section  8525.  Dentists  Required  to  Register. — It  shall  be 
unlawful  for  any  person  not  a  registered  dentist  within  the 
meaning  of  this  article  to  practise  dentistry  or  dental  surgery 
in  any  of  its  departments,  as  principal  or  agent,  in  the  State 
of  Missouri,  except  as  hereinafter  provided. 

Section  8526.  Dental  Board;  Powers;  Quorum;  to  Keep 
Keey. 

Section  8527.  Board  to  Grant  Certificates  to  Whom,  What 
Reputable  School. — ^Any  and  all  persons  who  desire  to  begin 
the  practice  of  dentistry  in  this  State  after  the  passage  of  this 
act  and  who  shall  have  a  license  from  the  dental  board  of 
another  State,  or  who  shall  have  received  a  diploma  from 
the  faculty  of  some  reputable  dental  college  duly  organized 
under  the  laws  of  this  or  any  other  State  of  the  United  States, 
shall  have  the  right  to  apply  to  the  dental  board  of  this  State 
for  the  examination  as  to  their  proficiency;  and  all  successful 
applicants  shall  be  licensed  and  registered  by  said  dental 
board.  Every  dentist  licensed  under  this  or  any  previous 
board  of  this  State  shall  on  or  before  the  30th  day  of  No- 
vember in  each  year  forward  to  said  dental  board  his  signa- 
ture and  address,  together  with  a  fee  of  one  dollar,  whereupon 


MISSOURI  265 

said  dental  board  shall  issue  to  said  licensed  dentist  a  renewal 
license  for  one  year  from  said  date,  and  note  the  renewal  of 
said  license  in  the  register  of  licensed  dentists  kept  for  that 
purpose.  Said  dental  board  shall  be  authorized  to  asceitain 
and  determine  what  shall  constitute  a  dental  college  or  in- 
stitution in  good  standing  and  repute;  but  no  such  dental 
college  or  dental  institution  shall  be  considered  to  be  repu- 
table by  said  dental  board  unless  the  same  shall  possess 
the  following  qualifications:  (1)  It  shall  be  chartered  under 
the  laws  of  the  State  in  which  it  is  located  and  operated, 
and  shall  be  authorized  by  its  charter  to  confer  the  degree 
of  doctor  of  dental  surgery  or  doctor  of  medical  dentistry. 
(2)  It  shall  deliver  annually  a  full  course  of  lectures  and 
instructions  by  competent  faculty  and  corps  of  instructors 
in  the  following  subjects:  anatomy,  chemistry,  physiology, 
histology,  materia  medica,  therapeutics,  dental  metallurgy, 
pathology,  bacteriology,  operative  dentistry,  nrosthetic  den- 
tistry, crown  and  bridge  work  and  oral  surgery  and  hygiene. 
Said  course  of  instruction  to  consist  of  not  less  than  three 
terms  in  separate  academic  years  and  of  not  less  than  thirty 
weeks  of  six  days  each  for  each  term.  (3)  The  apparatus 
and  equipment  in  each  said  dental  college  or  institution 
shall  be  ample  and  sufficient  for  the  ready  and  full  teaching 
of  the  above-named  subjects. 

Section  8528.  Board  May  Revoke  Licenses,  When. — Any 
licensed  dentist  failing  for  a  period  of  one  year  after  the  30th 
day  of  November  in  each  year  hereafter  to  procure  a  re- 
newal license  as  in  this  article  provided,  shall  forfeit  his 
original  license  and  registration,  and  said  dental  board  may, 
by  order  of  record,  cancel  and  annul  any  such  original 
license  and  registration  for  such  failure.  Said  dental  board 
shall  have  power,  after  due  notice  in  writing  for  twenty  days 
and  upon  a  full  hearing  at  a  time  and  place  fixed  in  said  notice 
to  revoke  and  annul  any  original  license  or  registration 
procured  through  fraud,  deceit,  or  misrepresentation,  and 
in  like  manner  to  revoke  and  annul  any  original  or  renewal 
license  or  registration  for  fraud,  deceit,  or  misrepresentation 
in  the  practice  of  dentistry,  or  for  gross  violations  of  pro- 


266     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

fessional  duties.  Nor  shall  said  dental  board  relicense  any 
one  whose  license  has  once  been  revoked  for  any  of  the  above 
causes  within  one  year  after  such  revocation,  and  only  then 
upon  sufficient  assurances  and  guarantees  to  said  board  of 
correct  conduct  for  the  future.  A  second  revocation  of  any 
license  shall  be  perpetual.  The  notice  hereinbefore  provided 
to  be  given  may  be  served  by  registered  letter  mailed  to  the 
address  of  any  dentist  (under  investigation)  in  this  State,  or 
when  the  whereabouts  of  any  such  person  is  unknown,  then 
said  notice  may  be  sent  to  the  last  known  address  of  such  person 
Section  8529.  Board  to  Hold  Examinations. — All  persons 
entitled  to  examination  as  provided  in  this  article  shall  file 
application  for  examination  and  license  in  writing,  supported 
by  affidavit,  stating  the  facts  which  entitle  him  to  such 
examination,  and  each  applicant  shall  accompany  his  appli- 
cation with  such  license  or  diploma  for  verification  as  to  its 
genuineness;  all  applicants  for  examination  shall  at  the  time 
of  making  such  application,  pay  to  the  secretary  of  the  dental 
board  a  fee  of  ten  dollars,  and  each  applicant  shall  present 
himself  before  said  dental  board  for  examination  at  the  first 
or  second  regular  meeting  after  his  application  shall  have 
been  made,  and  in  default  thereof  said  fee  shall  be  forfeited 
to  said  dental  board;  the  fee  for  any  subsequent  application 
for  examination  or  reexamination  shall  be  five  dollars.  The 
examination  may  be  written  or  oral,  or  both,  at  the  option 
of  the  said  board,  and  shall  include  the  following  subjects: 
anatomy,  chemistry,  physiology,  histology,  materia  medica, 
therapeutics,  dental  metallurgy,  pathology,  bacteriology, 
operative  dentistry,  prosthetic  dentistr}',  crown  and  bridge 
work,  and  oral  surgery  and  hygiene.  All  persons  of  good 
moral  character,  who  shall  successfully  pass  such  examina- 
tion, shall  be  licensed  and  registered  by  said  dental  board 
and  shall  receive  a  certificate  of  such  license  and  registration 
duly  authenticated  by  the  signature  of  the  members  of  the 
board,  and  with  the  seal  of  said  board  attached;  and  in  no 
case  shall  said  examination  fee  be  refunded,  but  said  dental 
board  may,  for  sufficient  cause,  remit  said  fee  for  subsequent 
or  reexamination. 


MISSOURI  267 

Section  8530.  Temporary  Certificate. — Any  two  members 
of  said  dental  board  may  issue  a  temporary  certificate  to  any 
applicant  upon  the  presentation  by  such  applicant  of  the 
evidence  of  necessary  qualifications  to  practise  dentistry, 
and  such  temporary  certificate  shall  remain  in  force  until  the 
next  regular  meeting  of  the  said  board  occurring  after  the 
date  of  the  issue  of  such  temporary  certificate,  and  no  longer. 
Two  such  temporary  certificates  cannot  be  issued  to  the 
same  person. 

Section  8531.  Certificates  to  be  Recorded,  etc. — No  person 
having  received  a  certificate  from  the  State  Board  of  Dental 
Examiners  in  the  manner  hereinbefore  provided  shall  engage 
in  the  business  of  a  dentist  in  any  county  of  the  State  in 
which  he  shall  locate  or  into  which  he  shall  afterward  re- 
move until  he  shall  have  had  such  certificate  recorded  in  the 
office  of  the  clerk  of  the  county  court  in  such  county,  and  it 
is  hereby  made  the  duty  of  such  county  clerk  to  record  such 
certificate  in  a  book  to  be  provided  and  kept  for  that  purpose, 
and  the  clerk  is  authorized  to  charge  a  fee  of  fifty  cents  for 
recording  each  certificate,  to  be  paid  by  the  person  offering 
such  certificate  for  record.  The  record  of  each  certificate 
required  by  this  article  or  a  certified  copy  thereof,  shall  be 
evidence  in  all  courts  that  the  person  holding  it  is  a  registered 
dentist  within  the  meaning  of  this  article.  The  register  of 
the  county  clerk  shall  be  open  to  public  inspection  during  the 
business  hours.  Any  failure  or  neglect  or  refusal  on  the  part 
of  any  person  holding  such  certificate  to  register  the  same 
with  the  county  clerk  as  above  directed  for  a  period  of  six 
months,  shall  work  a  forfeiture  of  the  certificate.  No  license 
or  certificate  of  registration  when  once  forfeited  for  any 
cause,  shall  be  (restored)  (registered)  except  upon  the  pay- 
ment to  the  said  Board  of  Dental  Examiners  of  the  sum  of 
twenty-five  dollars  as  a  penalty  for  such  neglect,  failure,  or 
misconduct. 

Section  8532.  Dentist  Defined. — All  persons  shall  be 
said  to  be  practising  dentistry  within  the  meaning  of  this 
article  who  shall  use  the  word  or  letters  "  Dentist,"  "  D.D.S." 
or  any  other  letters  or  title  in  connection  with  his  name 


268      STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

which  in  any  way  represents  him  as  engaged  in  the  practice 
of  dentistry,  or  who  shall  advertise  or  permit  it  to  be  done 
by  sign,  card,  circular,  handbill,  newspaper  or  otherwise, 
that  he  can  or  will  attempt  to  perform  dental  operations  of 
any  kind,  treat  disease  or  lesions  of  the  human  teeth  or  jaw 
or  replace  lost  teeth  by  artificial  ones  or  attempt  to  correct 
malpositions  thereof,  or  who  shall  for  a  fee,  salary  or  other 
reward,  paid  or  to  be  paid  either  to  himself  or  to  another 
person,  perform  dental  operations  of  any  kind,  treat  diseases 
or  lesions  of  the  human  teeth  or  jaw  or  replace  lost  teeth  by 
artificial  ones,  or  attempt  to  correct  malpositions  thereof. 
But  nothing  contained  in  this  article  shall  be  taken  as 
applying  to  the  acts  of  a  legally  qualified  physician  in  the 
extraction  of  teeth,  or  to  acts  of  bona  fide  students  of  den- 
tistry done  in  the  college  building,  in  the  pursuit  of  clinical 
advantages  while  in  attendance  upon  a  regular  course  of 
study  in  a  reputable  dental  college.  Any  licensed  dentist, 
proprietor,  partnership,  association  or  corporation,  owning, 
running,  operating  or  controlling  any  room  or  rooms,  ofHce 
or  dental  parlors,  where  dental  work  of  any  kind  is  done 
or  provided  for,  or  contracted  for,  who  shall  employ,  keep  or 
retain  any  unlicensed  dentist  or  student  shall  be  guilty  of 
a  misdemeanor  and  punished  as  provided  in  section  8534. 

Section  8533.    Compensation  of  board;  bond  of  secretary. 

Section  8534.  Practising  Dentistry  without  License; 
Penalty. — Any  person  who  shall  practise  or  attempt  to 
practise  dentistry,  either  as  a  proprietor,  employee  or  assist- 
ant, without  having  a  license  or  without  having  his  license 
renewed  as  provided  by  section  8528  of  this  article,  or 
without  keeping  his  annual  renewal  of  his  license  for  the 
current  year  within  open  view  in  his  operating  room,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
thereof  shall  be  punished  by  a  fine  of  not  less  than  fifty  dollars 
nor  more  than  two  hundred  dollars,  or  by  confinement  in  the 
county  jail  not  less  than  twenty  days  or  more  than  sixty 
daj^s,  or  by  both  such  fine  and  imprisonment.  All  fines  thus 
received  shall  be  paid  one-half  into  the  common  school  fund 
of  the  county  in  which  conviction  shall  be  had,  and  the 


MONTANA  269 

remainder  to  such  board.  It  is  hereby  made  the  duty  of  the 
prosecuting  attorney  of  each  county  in  the  State  to  prosecute 
every  case  to  final  judgment  whenever  his  attention  shall 
be  called  to  a  violation  of  the  provisions  of  this  article. 

Section  8535.  Duty  of  City  Register  of  St.  Louis,  etc. — 
Whenever  in  this  article  it  is  provided  that  any  duty  or 
service  shall  be  performed  by  any  county  clerk,  such  duty 
and  service  in  the  city  of  St.  Louis  shall  be  performed  by  the 
city  register  of  the  city  of  St.  Louis  as  if  said  officer  was 
especially  named  to  perform  these  duties  and  services,  and 
said  register  shall  receive  the  same  compensation  therefor 
as  this  article  provides  shall  be  paid  to  the  county  clerks: 
Provided,  further,  that  whenever  in  this  article  the  word 
"county"  is  used  it  shall  include  the  city  of  St.  Louis  the 
same  as  if  said  city  were  especially  named. 

Section  8536.  Persons  Ineligible  to  Membership  on  the 
Board. — That  no  professor,  owner  or  stockholder  of  any 
dental  college  or  school  shall  be  appointed  as  a  member  of 
said  board. 

MONTANA 

1907,  Revised  Codes  of  Montana,  Article  IV,  p.  438. 

Section  1573.  Dentist  Must  Obtain  a  Certificate. — It 
shall  be  unlawful  for  any  person,  who  is  not  at  the  time  of 
the  passage  of  this  act  engaged  in  the  practice  of  dentistry 
in  this  State,  to  commence  such  practice  unless  he  or  she 
shall  have  obtained  a  certificate,  hereinafter  provided. 
(Act  approved  March  12,  1895.) 

Sections  1574,  1575. — Board  of  Dental  Examiners; 
Qualifications;  Appointment  and  Term. 

Section  1576.  Any  dentist  who  has  been  in  legal  practice 
for  five  years  or  more,  in  any  State  in  the  United  States,  which 
has  an  exchange  certificate  law  with  that  of  Montana,  and 
is  a  reputable  dentist  of  good  moral  character  and  who  is 
desirous  of  making  a  change  of  residence  into  another  State, 
may  apply  to  the  examining  board  of  the  State  in  which 
he  resides  for  a  new  certificate,  which  shall  attest  his  moral 


ft 
270      STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

character  and  professional  attainments,  and  said  certificate  if 
granted,  may  be  deposited  with  the  Examining  Board  of  the 
State  of  Montana,  and  said  board  in  exchange  therefore  (may) 
grant  him  a  Hcense  to  practise  dentistry  in  the  said  State  of 
Montana.  A  fee  of  fifty  dollars  will  be  charged  for  each 
exchange  certificate  and  proceeds  therefrom  to  be  paid 
into  the  treasury  of  the  State  Dental  Board  of  Montana. 
(Approved  March  9,  1909,  Laws  of  Montana,  p.  190.) 

Section  1577.  Any  person  who  desires  to  begin  the  prac- 
tice of  dentistry  in  the  State  of  Montana  after  the  passage  of 
this  act  shall  appear  before  the  said  board  of  examiners  at 
any  of  its  regular  or  special  meetings  for  examination.  To 
be  eligible  for  such  examinations  the  applicant  shall  give 
satisfactory  evidence  of  having  practised  dentistry  for  five 
years,  or  shall  present  a  diploma  from  a  reputable  dental 
college.  The  examination  shall  be  conducted  in  Enghsh  and 
shall  be  thorough,  practical,  and  sufficient  to  test  the  ability 
of  the  appHcant  to  practise  dentistry.  It  shall  include: 
operative  and  prosthetic  dentistry,  osteology,  dental  and 
general  anatomy,  histology,  bacteriology,  physiology,  pathol- 
ogy, chemistry,  metallurgy,  materia  medica,  therapeutics, 
orthodontia,  and  anesthetics.  Demonstrations  in  operative 
and  prosthetic  dentistry,  prognosis  and  diagnosis  will  be 
required.  All  applicants  must  furnish  their  own  material  for 
demonstration.  If  the  examinations  prove  satisfactory  to 
said  board  of  dental  examiners,  they  shall  issue  a  certificate 
of  registration  to  the  person  examined.  All  certificates  issued 
by  the  board,  shall  be  signed  by  its  president,  secretary,  and 
a  majority  of  the  board  present,  and  shall  have  its  official 
seal  attached  thereto.  (Approved  March  9,  1909,  Laws  of 
Montana,  p.  190.) 

Section  1578.  Every  person  who  shall  receive  a  certificate 
of  registration  from  said  board  shall  within  sixty  days  after 
the  issuance  thereof  cause  his  or  her  certificate  to  be  filed 
with  the  clerk  of  the  county  of  his  or  her  residence,  or  with 
the  clerk  of  any  other  county  or  counties  in  which  he  or  she 
may  desire  to  engage  in  the  practice  of  dentistry.  The  clerk 
of  the  county  shall  charge  for  registering  such  certificate  the 


MONTANA  271 

regular  fee  for  such  services,  and  after  registering  the  certifi- 
cate, shall  return  it  to  the  person  to  whom  the  same  was 
originally  issued.  Any  person  who  shall  fail  to  register  his 
or  her  certificate  shall  be  liable  for  practising  dentistry  with- 
out a  hcense.     (Act  Approved  March  12,  1895.) 

Section  1579.  It  shall  be  the  duty  of  the  county  clerk  to 
keep  a  book  to  be  entitled  "Dental  Register,"  which  book 
shall  contain  a  complete  alphabetical  list  of  all  certificates  of 
registration  filed  in  his  office,  and  which  books  shall  be  pro- 
vided "wdth  columns,  giving  the  name  and  residence  of  the 
dentist,  together  with  the  date  of  the  certificate,  and  the 
date  of  its  filing  with  the  clerk,  and  the  date  of  its  revocation. 
(Act  approved  March  12,  1895.)  ^ 

Section  1581.  All  persons  shall  be  held  to  be  practising 
dentistry,  within  the  meaning  of  this  act,  who  shall  receive 
a  fee  or  salary,  or  other  rewards,  paid  either  to  him  or  to 
another  person  for  operations  or  parts  of  operations,  of  any 
kind,  in  the  treatment  of  diseases  or  lesions  of  the  human 
teeth  or  jaws,  or  in  the  correction  of  malpositions  thereof. 
But  nothing  in  this  article  shall  be  construed  to  permit  the 
performance  of  independent  dental  operations  by  unlicensed 
persons  under  the  cover  of  the  name  of  a  registered  practi- 
tioner or  in  his  office,  (Act  approved  March  9,  1909,  Laws, 
p.  192.) 

Section  1582.  In  order  to  provide  means  for  carrying 
out  and  maintaining  the  provisions  of  this  act,  the  Board 
of  Dental  Examiners  shall  charge  each  person  apphdng  to 
or  appearing  before  said  board  for  examination,  a  fee  of 
twenty-five  dollars.  In  case  the  applicant  fails  to  secure 
a  certificate  from  said  board,  he  may  appear  again  before 
said  board  for  another  examination,  and  when  the  appli- 
cant has  passed  and  certificate  issued,  an  additional  fee 
of  twenty-five  dollars  will  be  charged.  Every  registered 
dentist  shall  in  each  and  every  year  pay  to  the  Board  of 
Dental  Examiners  a  fee  of  four  dollars  as  his  annual  dues, 
such  payment  to  be  made  on  or  before  the  first  day  of  INIay 
of  each  year.  In  case  of  default  of  such  payment  by  any 
person,  his  or  her  certificate  may  be  revoked  by  the  Board 


272     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

of  Dental  Examiners  upon  thirty  days'  notice  from  the  sec- 
retary, to  the  person  holding  such  certificate,  unless  within 
said  thirty  days  said  annual  dues  shall  be  paid,  together  with 
such  penalties  as  the  board  may  impose,  and  the  board  is 
expressly  authorized  to  impose  a  penalty  of  one  dollar  as  a 
consideration  for  each  year,  for  allowing  the  certificate  to 
remain  unrevoked.  In  case  any  registered  dentist  absenting 
himself  from  the  State  for  a  period  of  one  or  more  years  may 
be  reinstated  by  a  fee  of  one  dollar  for  each  year  absent. 
(Act  approved  March  9,  1909,  Laws,  p.  190.) 
Section  1583.  Compensation  and  report  of  board. 
Section  1584.  Any  person  who  shall  violate  any  of  the 
provisions  of  this  act,  or  shall  knowingly  or  falsely  claim 
to  have  or  hold  a  certificate  of  registration,  license,  diploma 
or  degree  granted  by  a  society  or  board  of  dental  ex- 
aminers, or  shall  falsely,  and  with  intent  to  deceive  the 
public,  claim  or  pretend  to  be  the  graduate  of  any  incor- 
porated reputable  dental  college,  or  shall  have  registered 
under  one  name  and  practised  dentistry  under  another  name 
with  intent  to  deceive  the  public,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  may  be  fined  one 
thousand  dollars  and  not  less  than  five  hundred  dollars  or 
imprisonment  for  not  less  than  six  months  or  more  than  one 
year,  or  may  be  punished  by  both  such  fine  and  imprison- 
ment. All  fines  thus  received  shall  be  paid  into  the  common 
school  fund  of  the  county  in  which  such  conviction  takes 
place.     (Act  approved  INIarch  9,  1909,  Laws,  p.  193.) 


NEBRASKA 

1905,  February  28th,  Laws  of  Nebraska,  Chap.  96,  p.  451. 

Section  1.  It  shall  be  unlawful  for  any  person  to  engage 
in  the  practice  of  dentistry  in  the  State  of  Nebraska  unless 
such  person  shall  have  obtained  a  license  from  the  State  board 
of  health,  countersigned  by  its  dental  secretaries,  duly  ap- 
pointed under  the  provisions  of  this  act :  Provided,  That  this 
act'  shall  not  aft'ect  (sic)  the  right  of  dentists  to  practise 


NEBRASKA  273 

dentistry  who  have  the  right  to  do  so  under  the  laws  of  this 
State  at  the  time  of  the  passage  of  this  act. 

Sections  2  to 6.  Secretaries;  organization,  meetings,  com- 
pensation, records,  removal,  etc. 

Section  7.  Said  dental  secretaries  shall  examine  at  their 
regular  sessions  only  all  applicants  for  permanent  license  who 
shall  furnish  satisfactory  evidence  of  having  complied  with 
the  provisions  of  this  act  relating  to  the  qualifications  for 
examination,  and  shall  recommend  the  granting  of  a  license 
to  all  persons  satisfactorily  passing  such  examination,  and 
upon  such  recommendation  the  State  Board  of  Htalth  shall 
grant  a  license  to  practise  dentistry  in  the  State  of  Nebraska 
under  the  signatures  of  said  board  and  countersigned  by  said 
dental  secretaries.  The  examination  of  applicants  shall  be 
elementary  and  practical  in  character,  but  sufficiently  thor- 
ough to  test  the  fitness  of  the  candidate  to  practise  dentistry. 
It  shall  be  written  in  English,  and  shall  include  questions  on 
the  following  subjects:  anatomy,  physiology,  chemistry, 
materia  medica,  therapeutics,  metallurgy,  histology,  pathol- 
ogy, oral  surgery,  operative  and  prosthetic  dentistry,  hygiene 
and  dental  jurisprudence.  Demonstrations  of  the  appHcant's 
skill  in  operative  and  prosthetic  dentistry  shall  also  be  re- 
quired. In  no  case  shall  any  applicant  be  examined  or  be 
given  a  certificate  who  is  not  at  least  twenty-one  years  of 
age. 

Section  8.  It  shall  be  the  duty  of  said  dental  secretaries 
to  cause  at  least  two  of  their  number  to  be  present  at  all 
final  examinations  for  the  degree  of  D.  D.  S.,  or  D.  M.  D., 
in  dental  colleges,  schools  or  departments,  legally  conducted 
in  the  State  of  Nebraska.  Said  colleges  shall  conduct  such 
final  examinations  orall}'^,  in  the  English  language  in  the 
presence  of  said  representatives  of  said  dental  secretaries, 
and  also  deliver  to  them  the  questions  and  original  papers 
containing  the  written  answers  to  the  same  upon  all  subjects 
wherein  final  examinations  upon  such  subject  has  been  taken 
by  said  applicant  during  the  first  or  freshman  year,  and 
second  or  junior  year.  In  the  absence  of  any  such  papers  the 
applicant  shall  appear  before  the  dental  secretaries  as  pro- 
18 


274     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

vided  in  Section  7  of  this  act,  for  examination  in  the  subject 
or  subjects  wherein  such  examination  papers  are  not  pro- 
duced. When  such  final  examinations  have  been  attended, 
as  hereinbefore  provided,  and  practical  tests  in  operative 
and  prosthetic  dentistry  have  been  taken  to  the  satisfaction 
of  the  said  secretaries,  the  dental  secretaries  may,  at  their 
discretion,  upon  the  receipt  of  the  regular  fee,  consider  the 
conditions  provided  for  in  Section  7  of  this  act,  as  fully  com- 
plied with,  and  recommend  an  applicant  so  examined  for  a 
license  to  be  issued  as  provided  in  said  Section  7. 

Section  9.  Any  member  of  the  board  may  inquire  of  any 
applicant  for  examination  concerning  his  character,  quali- 
fications, or  experience,  and  may  take  testimony  with  respect 
thereto,  from  anyone  under  oath,  which  he  is  hereby  em- 
powered to  administer. 

Section  10.  Every  person  now  licensed  to  practise  den- 
tistry in  this  State,  who  has  failed  to  register  his  license  with 
the  clerk  of  the  county  wherein  his  place  of  business  is 
located,  as  provided  by  law,  must  register  the  same  within 
sixty  days  after  this  act  takes  effect,  and  every  person  who 
shall  hereafter  be  licensed  to  practise  dentistry  in  this  State 
shall,  within  six  months  thereafter,  register  in  the  office  of 
the  clerk  of  the  county  where  his  place  of  business  is  located, 
in  a  book  kept  by  the  clerk  for  such  purpose,  and  called  a 
register  of  dentists,  his  name,  age,  office  address,  the  date  and 
number  of  license  to  practise  dentistry,  and  the  date  of  such 
registration,  which  registration  he  shall  be  entitled  to  make 
only  upon  showing  to  the  county  clerk  his  license  and  making 
an  affidavit  stating  his  name,  age,  birthplace,  the  number  of 
his  license  and  the  date  of  issue;  that  he  is  the  identical 
person  named  in  the  license;  that  before  receiving  the  same 
he  complied  with  all  the  preliminary  requirements  of  this 
statute  and  the  rules  of  the  State  Board  of  Health,  as  to  the 
terms  and  amount  of  study  and  examination ;  that  no  money 
other  than  the  fees  prescribed  by  this  statute  and  said  rules 
was  paid  directly  or  indirectly  for  the  license,  and  that  no 
fraud,  misrepresentation  or  mistake  in  a  material  regard  was 
employed  or  occurred  in  order  that  such  license  should  be 


NEBRASKA  275 

conferred.  The  county  clerk  shall  preserve  such  affidavit  in 
a  bound  volume  and  shall  issue  to  every  licentiate  duly 
registering  and  making  such  affidavit,  a  certificate  of  regis- 
tration in  his  county,  which  shall  include  a  transcript  of  the 
registration.  Such  transcript  and  license  may  be  offered  as 
primary  evidence  in  all  courts  of  the  facts  therein  stated.  A 
copy  of  such  certificate  or  registration  shall  be  sent  by  the 
county  clerk  to  the  secretary  of  the  dental  secretaries  within 
five  days  after  it  is  made.  The  county  clerk's  fee  ffr  taking 
such  registration  and  affidavit  and  issuing  such  certificate  of 
registration  shall  be  one  dollar.  A  practising  dentist  having 
received  lawful  authority  to  practise  dentistry  in  one  county 
of  the  State,  and  removing  such  practice,  or  part  thereof,  to 
another  county,  shall  show,  or  send  by  registered  mail,  to  the 
clerk  of  such  other  county  his  certificate  of  registration.  If 
such  certificate  clearly  shows  that  the  original  registration 
was  of  authority  issued  by  the  State  Board  of  Health,  or  if  the 
certificate  of  registration  itself  is  endorsed  by  the  secretary'  of 
the  board  of  health  as  entitled  to  registration,  the  clerk  shall 
thereupon  register  the  applicant  in  the  register  of  dentists  of 
the  latter  county  on  receipt  of  a  fee  of  one  dollar,  and  shall 
stamp  or  endorse  on  such  certificate  of  registration  the  date 

and  his  name,  preceded  by  the  words  "  registered  also  in 

county,"  and  return  the  certificate  of  registration  to  the 


applicant.  Any  lawfully  registered  person  who  shall  there- 
after change  his,  or  her,  name  according  to  law  shall  register 
the  new  name  with  a  marginal  note  of  the  former  name  with 
the  clerk  of  the  county  or  counties  where  he  is  practising, 
and  the  clerk  shall  note  upon  the  margin  of  his  or  her  former 
registration  in  ink  the  fact  of  such  change,  and  a  cross- 
reference  to  the  new  registration.  The  clerk  shall  forthwith 
notify  the  board  of  such  change.  Any  county  clerk  who  shall 
make  or  knowingly  allow  to  be  made  upon  the  register  of 
dentists  kept  in  his  office  any  other  entry  other  than  provided 
for  in  this  act,  shall  be  liable  to  a  penalty  of  fifty  dollars. 
Any  failure,  neglect  or  refusal  on  the  part  of  any  person 
holding  such  license  to  register  .the  same  with  the  clerk  of 
said  county  as  above  directed  for  a  period  of  six  months 


276     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

after  the  issuance  thereof  shall  ipso  facto  work  a  forfeiture 
of  his  license;  and  it  shall  not  be  restored  except  upon  pay- 
ment to  the  said  dental  secretaries  of  the  sum  of  twenty-five 
dollars.  Any  suspension,  revocation  or  reinstatement  shall 
be  with  the  date  thereof  forthwith  noted  by  the  county  clerk 
on  the  margin  of  the  registration  thereof  upon  the  receipt  of 
notice  from  the  secretary  of  the  dental  secretaries. 

Section  11.  When  the  dental  secretaries  are  not  in  a 
regular  semi-annual  session,  any  one  of  said  dental  secretaries 
may  examine  any  applicant,  and  on  his  recommendation  the 
board  may  furnish  him  a  temporary  permit  to  practise  den- 
tistry until  the  next  regular  meeting  of  said  dental  secretaries, 
when  he  shall  report  the  fact,  at  which  time  the  temporary 
permit  shall  expire.  Such  temporary  permit  shall  not  be 
recommended  by  a  member  of  the  dental  secretaries  after  the 
dental  secretaries  have  rejected  the  applicant,  or  if  he  has 
received  a  previously  issued  temporary  permit,  or  if  he  has 
been  refused  permanent  license  by  the  State  Board  of  Health. 
The  member  of  the  dental  secretaries  conducting  such  ex- 
amination may,  in  advance,  charge  and  receive  for  his  ser- 
vices a  fee  of  five  dollars  to  be  applied  to  his  own  use  as  a 
compensation.  No  other  fee  shall  be  charged  for  granting 
such  temporary  permit. 

Section  12.  No  person  shall  be  eligible  for  examination 
for  permanent  license  by  said  dental  secretaries  who  shall  not 
furnish  satisfactory  evidence  of  having  graduated  from  a 
reputable  dental  college,  the  term  "reputable"  to  be  under- 
stood as  defined  by  section  13  of  this  act,  which  college  shall 
have  been  endorsed  and  adjudged  reputable  by  the  State 
Board  of  Health,  or  who  shall  not  have  graduated  from  a  high 
school  or  similar  institution  of  learning  in  this  or  some  other 
State  of  the  United  States  requiring  a  four  year  course  of 
study,  and  furnished  to  the  dental  secretaries  an  affidavit 
containing  his  or  her  name,  the  name  of  his  or  her  preceptor, 
and  the  names  of  at  least  two  reputable  witnesses,  sworn  to 
before  a  notary  public  in  the  State  of  Nebraska,  showing  that 
he  or  she  has  completed  an  apprenticeship  of  five  years  of 
twelve  months  each,  with  a  licensed  practitioner  of  dentistry 


NEBRASKA  277 

in  the  State  of  Nebraska,  or  who  shall  not  furnish  to  said 
dental  secretaries  a  certificate  from  the  State  Board  of 
Dental  Examiners,  or  similar  body,  of  some  other  State  of 
the  United  States,  showing  that  he  or  she  has  been  a  licensed 
practitioner  of  dentistry  in  that  State  for  at  least  five  years 
just  previous. 

Section  13.  The  term  "reputable  dental  college"  shall  be 
defined  as  follows:  A  dental  college  or  dental  deparftnent  of 
any  university  or  college,  shall  be  adjudged  reputable  by  the 
Nebraska  State  Board  of  Health  when  its  dental  secretaries, 
in  session,  after  due  examination,  report  that  the  institution 
in  question  fully  meets  the  requirements  of  the  National 
Association  of  Dental  Examiners,  and  that  its  standards 
as  to  entrance,  course  of  instruction  and  requirements  for 
graduation  are  such  that  they  would  recommend  it  for 
recognition  bj''  the  other  dental  colleges  in  the  United  States. 

Section  14.  From  and  after  the  taking  effect  of  this  act 
any  and  all  persons  desiring  to  enter  upon  the  practice  of 
dentistry  in  the  State  of  Nebraska  without  graduating  from 
a  reputable  college  in  the  United  States  or  producing  satis- 
factory evidence  of  having  been  a  licensed  practitioner  in 
some  other  State  for  at  least  five  years,  must  file  with  the 
dental  secretaries  an  affidavit  sworn  to  before  a  notary  public 
of  the  State  of  Nebraska  of  his  intention  to  begin  an  appren- 
ticeship \\dth  a  licensed  practitioner  of  this  State,  and  the 
said  aSidavit  must  show  that  the  affiant  has  regularly  grad- 
uated from  a  high  school  or  similar  place  of  learning  in  the 
United  States,  as  provided  in  section  12  of  this  act,  and 
contain,  in  full,  the  names  of  both  affiant  and  proposed 
preceptor  and  the  names  of  two  reputable  witnesses,  together 
with  the  date  of  the  beginning  of  his  proposed  apprentice- 
ship, and  the  dental  secretaries  shall  issue  to  affiant  a  receipt 
for  the  same. 

Section  15.  Every  person  appl}'ing  to  the  State  Board  of 
Health  for  a  permanent  license  to  practise  dentistry  shall  pay 
to  the  treasurer  of  said  dental  secretaries  a  fee  of  twenty-five 
dollars,  provided  that  to  graduates  of  Nebraska  dental 
colleges  the  fee  shall  be  ten  dollars,  which  shall  in  no  case 


278     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

be  refunded.  Necessary  expenses,  compensation  of  the  said 
dental  secretaries  in  attendance  on  meetings  not  had  for  the 
prosecution  of  violations  of  this  act,  shall  be  paid  out  of  the 
fees  and  funds  provided  for  in  this  act.  All  moneys  received 
under  section  15  shall  constitute  a  fund,  as  hereinbefore 
provided,  and  may  be  expended  only  on  the  joint  order  of 
the  president  and  secretary  of  said  dental  secretaries:  Pro- 
vided, hotvever,  That  on  the  first  day  of  July  of  each  year  all 
sums  of  money  in  excess  of  one  thousand  dollars  after  the 
payment  of  the  expense  of  prosecution  of  all  cases  pending 
for  violations  of  the  provisions  of  this  act,  which  shall  have 
been  collected  under  the  provisions  of  this  section,  and  shall 
be  in  the  hands  of  said  dental  secretaries,  shall  be  paid  to 
the  State  Treasurer  and  become  a  part  of  the  general  school 
fund. 

Section  16.  Any  and  all  persons  shall  be  understood  to 
be  practising  dentistry  within  the  meaning  of  this  act,  who 
shall  for  a  fee,  salary,  or  reward,  paid  directly  or  indirectly, 
either  to  himself  or  to  some  other  person,  perform  operations 
of  any  kind  upon,  or  treat  diseases  or  lesions  of  the  human 
teeth  or  jaws,  or  correct  malimposed  positions  thereof,  or 
display  a  sign  or  in  any  other  way  advertise  himself  as  a 
dentist;  but  nothing  in  this  act  shall  prohibit  bona  fide 
students  of  dentistry  from  operation  in  the  clinical  depart- 
ments of  the  laboratory  of  a  reputable  dental  college,  or  an 
unlicensed  person  from  performing  merely  mechanical  work 
on  inert  matter  in  a  dental  office  or  laboratory;  or  the  student 
of  a  licentiate  from  assisting  his  preceptor  in  dental  opera- 
tions while  in  the  presence  and  under  the  personal  super- 
vision of  his  instructor;  or  a  duly  licensed  physician  from 
treating  diseases  of  the  mouth,  or  performing  operations  in 
oral  surgery.  But  nothing  in  the  provisions  of  this  act  shall 
be  construed  to  permit  the  performance  of  dental  operations 
by  any  unlicensed  person  under  cover  of  the  name  of  a 
regular  practitioner  of  dentistry. 

Section  17.  Any  person,  or  company,  or  association  shall 
be  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  punishable  with  a  fine  of  not  less  than  fifty  dollars, 


NEBRASKA  279 

or  more  than  five  hundred  dollars,  or  by  imprisonment  for 
not  less  than  five  days  nor  more  than  ninety  days  in  the 
county  jail,  or  both  by  fine  and  imprisonment,  who  (1)  shall 
barter  or  sell,  or  offer  to  barter  or  sell,  any  diploma  or  docu- 
ment, conferring  or  purporting  to  confer  any  dental  degree, 
or  any  certificate  or  transcript,  made  or  purporting  ^o  be 
made,  pursuant  to  the  laws  regulating  the  license  and  regis- 
tration of  dentists ;  or  (2)  shall  purchase  or  procure  by  barter, 
any  such  diploma,  certificate,  or  transcript,  with  intent  that 
the  same  shall  be  used  as  evidence  of  the  holder's  qualifica- 
tion to  practise  dentistry,  or  in  fraud  of  the  laws  regulating 
such  practice;  or  (3)  shall  with  fraudulent  intent,  alter  in  a 
material  way  any  such  diploma,  certificate,  or  transcript;  or 
(4)  shall  use  or  attempt  to  use  any  such  diploma,  certificate 
or  transcript,  which  has  been  purchased,  fraudulently 
issued,  counterfeited,  or  materially  altered,  either  as  a  license 
or  color  of  license  to  practise  dentistry,  or  in  order  to  procure 
registration  as  a  dentist;  or  (5)  shall  practise  dentistry  under 
a  false  or  assumed  name;  or  (6)  shall  assume  the  degree  of 
''Doctor  of  dental  surgery"  or  "doctor  of  dental  medicine," 
or  shall  append  the  letters  "D.  D.  S."  or  "D.  M.  D."  to  his 
or  her  name,  the  same  not  having  been  duly  conferred  upon 
him  or  her,  by  diploma  from  a  recognized  dental  college  or 
school  legally  empowered  to  confer  the  same,  or  shall  assume 
any  title,  or  append  any  letters  to  his  or  her  name  with 
intent  to  represent  falsely  that  he  or  she  has  received  a  dental 
degree  or  license;  or  (7)  shall  in  an  affidavit  required  of  an 
applicant  for  examination,  license,  or  registration,  under  this 
act,  wilfully  make  a  false  statement  in  a  material  regard;  or 
(8)  shall  engage  in  the  practice  of  dentistry  under  any  title 
without  causing  to  be  displayed  in  a  conspicuous  manner  and 
in  a  conspicuous  place  in  his  or  her  office  the  name  of  each 
and  every  person  employed  in  the  practice  of  dentistry 
therein,  together  with  the  word  mechanic  or  apprentice  after 
the  name  of  each  unlicensed  person  employed;  or  (9)  shall 
within  ten  days  after  demand,  made  by  the  secretary  of  the 
dental  secretaries,  fail  to  furnish  to  said  dental  secretaries 
the  name  and  address  of  all  persons  practising  or  assisting  in 


280     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

the  practice  of  dentistry  in  the  office  of  said  person,  company, 
or  association,  at  any  time  within  sixty  days  prior  to  said 
notice,  together  with  a  sworn  statement  showing  under  and 
by  what  hcense  or  authority  said  person,  company  or  associa- 
tion and  said  employee  are  and  have  been  practising  dentistry, 
but  said  affidavit  shall  not  be  used  as  evidence  against  such 
person,  company  or  association  in  any  proceeding  under  this 
section;  or  (10)  is  practising  dentistry  in  the  State  without 
a  license,  or  after  his  or  her  license  has  been  revoked  or 
suspended. 

Section  18.  Nothing  in  the  foregoing  section  shall  affect 
the  conferring  of  degrees  and  granting  of  diplomas  by  repu- 
table dental  colleges  of  this  State,  nor  shall  their  rights  and 
privileges  under  the  laws  of  this  State  be  hereby  abridged 
in   any   manner. 

Section  19.  The  State  Board  of  Health  may  revoke  or 
suspend  the  license  of  any  dentist  for  any  of  the  following 
causes : 

1.  Conviction  of  felony  or  misdemeanor  involving  moral 
turpitude,  in  which  case  the  record  of  conviction,  or  certified 
copy  thereof  certified  by  the  clerk  of  the  court,  or  the  judge 
in  whose  court  the  conviction  is  had,  shall  be  sufficient 
evidence. 

2.  For  unprofessional  conduct,  gross  ignorance  or  incom- 
petency in  his  profession.  Unprofessional  conduct  shall  mean 
the  employment  of  what  are  known  as  cappers,  or  steerers, 
to  obtain  business;  the  obtaining  of  any  fee  by  fraud  or 
misrepresentation;  wilfully  betraying  professional  secrets; 
employing  directly  or  indirectly  any  student  or  suspended 
or  unlicensed  dentist  to  perform  operations  of  any  kind,  or 
to  treat  lesions  of  the  human  teeth  or  jaws,  or  correct  mal- 
imposed  formations  thereof,  except  as  provided  in  section  16; 
the  advertisement  of  dental  business  or  treatment  or  devices 
in  which  untruthful,  improbable,  or  impossible  statements 
are  made;  or  habitual  intemperance  or  gross  immorality. 

Section  20.  The  proceedings  to  revoke  or  suspend  any 
license  under  the  first  subdivision  of  section  19  must  be  had 
by  the  board  on  the  receipt  of  a  certified  copy  of  the  record 


NEBRASKA  281 

of  conviction.  All  accusations  must  be  in  writing,  verified 
by  some  party  familiar  with  the  facts  therein  charged,  and 
three  copies  thereof  must  be  filed  with  the  secretary  of  the 
said  dental  secretaries.  Upon  or  receiving  accusations  and 
upon  recommendation  of  the  Board  of  Dental  Secretaires, 
the  State  Board  of  Health,  if  it  deem  the  charges  sufficient, 
may  make  an  order  setting  the  same  for  hearing,  and  re- 
quiring the  accused  to  appear  and  answer  at  a  specified  time 
and  place,  and  the  secretary  of  the  said  dental  secretaries 
shall  cause  a  copy  of  the  order  and  of  the  accusation  to  be 
served  upon  the  accused  at  least  ten  days  before  the  day 
appointed  in  the  order,  to  answer  the  charges  and  make  his 
defence  thereto,  unless  for  sufficient  cause  the  State  Board  of 
Health  assign  another  day  for  that  purpose.  If  he  do  not 
appear  the  board  may  proceed  and  determine  the  accusation 
in  his  absence.  If  the  accused  plead  guilty  or  refuse  to 
answer  the  charges,  or  upon  a  hearing  thereof  the  board 
shall  find  them  or  any  of  them  to  be  true  it  may  proceed 
to  a  judgment  revoking  or  suspending  the  license  of  the 
accused.  The  board  and  the  accused  may  have  the  benefit 
of  counsel,  and  the  board  shall  have  power  to  administer 
oaths,  and  take  the  depositions  of  witnesses  in  a  manner 
provided  by  law  in  civil  cases.  Upon  the  revocation  of  any 
license  the  fact  shall  be  noted  upon  the  records  of  the  board 
of  health  and  dental  secretaries  thereof,  and  the  license 
shall  be  marked  as  cancelled,  upon  the  date  of  its  revocation. 

Section  21.  The  said  dental  secretaries  shall  make  an 
annual  report  of  their  proceedings  to  the  State  Board  of 
Health  by  the  first  of  December  of  each  year,  together  with 
an  account  of  all  moneys  received  and  paid  out  or  into  the 
State  treasury  by  them,  pursuant  to  this  act. 

Section  22.  Three  of  said  dental  secretaries  shall  con- 
stitute a  quorum  for  the  transaction  of  business  at  any 
meeting  thereof. 

Section  23.  Article  2,  Chapter  55  of  the  Compiled  Stat- 
utes of  the  State  of  Nebraska,  1903,  as  heretofore  existing, 
and  all  acts  and  parts  of  acts  inconsistent  herewith,  are 
hereby  repealed. 


282     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

1909,  April  5,  Laws  of  Nebraska,  Chap.  87,  p.  356. 

Section  1.  The  State  Board  of  Dental  Secretaries  may, 
without  examination,  issue  license  to  practise  to  any  dentist 
who  shall  have  been  in  legal  practice  in  some  other  State  or 
Territory  for  a  period  of  at  least  five  years,  upon  the  certificate 
of  the  Board  of  Dental  Secretaries  or  a  like  board  of  the 
State  or  territory  in  which  such  dentist  was  a  practitioner; 
certifying  his  competency  and  that  he  is  of  good  moral  char- 
acter and  upon  the  payment  of  twenty-five  dollars:  Pro- 
vided, however,  That  the  State  from  which  any  practitioner 
may  come,  shall  have,  and  maintain  equal  standards  of  laws 
regulating  the  practice  of  dentistry  and  recognize  exchange 
certificates  issued  by  the  Board  of  Dental  Secretaries  of  the 
State  of  Nebraska. 

Section  2.  Any  duly  licensed  dentist  of  the  State  of 
Nebraska  who  is  desirous  of  changing  his  residence  to  that 
of  another  State  or  Territory  shall  upon  application  to  the 
Board  of  Dental  Secretaries,  and  the  payment  of  a  fee  of  five 
dollars  receive  a  certificate  which  shall  attest  that  he  is  a 
duly  licensed  dentist  of  the  State  of  Nebraska. 

Section  3.  Every  person  to  whom  a  license  is  issued  shall 
file  the  same  for  record  with  the  county  clerk  in  the  county 
in  which  he  desires  to  practise  dentistry,  and  the  county  clerk 
shall  be  entitled  to  a  fee  of  fifty  cents  for  recording  such 
license;  and  failure  to  so  file  such  license  for  record  within 
one  year  after  it  is  issued  by  the  board,  shall  work  a  for- 
feiture thereof  and  said  license  shall  not  be  restored  by  the 
board  except  upon  the  payment  to  it  of  the  sum  of  twenty- 
five  dollars  as  penalty  thereof. 


•  NEVADA 

1905,  March  16,  Laws  of  Nevada,  p.  242. 

Section  1.  It  shall  be  unlawful  for  any  person  to  engage 
in  the  practice  of  dentistry  in  the  State  of  Nevada  unless 
said  person  shall  have  obtained  a  license  from  a  Board  of 
Dental  Examiners,  dul}^  authorized  and  appointed  under  the 


NEVADA  283 

provisions  of  this  act  to  issue  licenses :  Provided,  That  this  act 
shall  not  affect  the  right  under  the  laws  of  the  State  of 
Nevada,  of  dentists  to  practise  dentistry  who  have  lawful 
right  to  practise  dentistry  at  the  time  of  the  passage  of  t^is 
act. 

Sections  2  to  6.  Board  of  Dental  Examiners;  Term  of 
Office;  Organization;  INIeeting;  Compensation;  Removal,  etc. 

Section  7.  Said  board  shall  examine  all  applicants  for 
examination  who  shall  furnish  satisfactory  evidence  of  having 
complied  with  the  provisions  of  this  act,  relating  to  qualifica- 
tion for  examination,  and  all  persons  satisfactorily  passing 
such  examinations  shall  be  granted  by  said  board  a  license 
to  practise  dentistry  in  the  State  of  Nevada.  The  examina- 
tion of  applicants  shall  be  elementary  and  practical  in  char- 
acter, but  sufficiently  thorough  to  test  the  fitness  of  the 
candidate  to  practise  dentistry.  It  shall  include,  written  in 
the  English  language,  questions  on  the  following  subjects: 
anatomy,  physiology,  chemistry,  materia  medica,  thera- 
peutics, metallurgy,  histology,  pathology,  operative  and 
prosthetic  dentistry,  hygiene  and  dental  jurisprudence. 
The  answers  to  which  shall  be  written  or  oral  in  the  English 
language.  Demonstrations  of  the  applicant's  skill  in  opera- 
tive and  prosthetic  dentistry  must  also  be  given.  All  persons 
successfully  passing  such  examinations  shall  be  registered  as 
licensed  dentists  on  the  board  register,  as  provided  in  section 
3,  and  shall  also  receive  a  certificate  of  such  registration,  said 
certificate  to  be  signed  by  the  president  and  secretary  of  said 
board.  In  no  case  shall  any  applicant  be  examined  or  given 
a  certificate  who  is  not  twenty-one  years  of  age. 

Section  8.  Any  person  who  shall  receive  a  certificate  of' 
qualification  from  said  board  shall  cause  his  or  her  certificate 
to  be  registered  with  the  county  clerk  of  any  county  or 
counties  in  which  such  person  may  desire  to  engage  in  the 
practice  of  dentistry  and  the  county  clerks  in  the  several 
counties  in  this  State  shall  charge  for  registering  such  cer- 
tificate a  fee  of  twenty-five  cents  for  such  registration.  Any 
failure,  neglect,  or  refusal  on  the  part  of  any  person  holding 
such  certificate  to  register  the  same  with  the  county'  clerk 


284     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

as  above  directed  for  a  period  of  six  months  shall  work  a 
forfeiture  of  the  certificate,  and  no  certificate,  when  once 
forfeited,  shall  be  restored,  except  upon  the  payment  to  the 
said  board  of  examiners  of  the  sum  of  twenty-five  dollars 
as  a  penalty  for  such  neglect  or  refusal. 

Section  9.  No  person  shall  be  eligible  for  examination  by 
the  State  Board  of  Dental  Examiners  who  shall  not  furnish 
satisfactory  evidence  of  having  graduated  from  a  reputable 
dental  college,  which  must  have  been  endorsed  by  the  Board 
of  Dental  Examiners  of  Nevada;  or  who  shall  not  have 
graduated  from  a  high  school  or  similar  institution  of  learn- 
ing in  this  or  some  other  State  of  the  United  States,  requiring 
a  three  years'  course  of  study,  and  who  cannot  furnish  to 
the  Board  of  Dental  Examiners  an  affidavit,  containing  his  or 
her  name,  the  name  of  his  or  her  preceptor,  and  the  names 
of  at  least  two  reputable  witnesses,  certified  to  in  the  State 
of  Nevada  before  a  notary  public,  showing  that  he  or  she 
has  completed  an  apprenticeship  of  four  years  of  twelve 
months  each,  with  a  licensed  practitioner  of  dentistry,  in  the 
State  of  Nevada,  or  cannot  furnish  to  said  Board  of  Exami- 
ners a  certificate  from  the  State  Board  of  Dental  Examiners, 
or  similar  body,  of  some  other  State  in  the  United  States, 
showing  that  he  or  she  has  been  a  Hcensed  practitioner  of 
dentistry  in  that  State  for  at  least  five  years. 

Section  10.  From  and  after  the  passage  of  this  act  any 
and  all  persons  desiring  to  enter  upon  the  practice  of  den- 
tistry in  the  State  of  Nevada,  without  graduating  from  a 
reputable  college  in  the  United  States  or  producing  satis- 
factory evidence  of  having  been  a  licensed  practitioner  of 
dentistry  in  some  other  State  for  at  least  five  years  must  file 
with  the  Board  of  Dental  Examiners  an  affidavit,  certified 
to  before  a  notary  public  of  the  State  of  Nevada  of  his  inten- 
tion to  begin  an  apprenticeship  with  a  licensed  practitioner 
of  dentistry  in  this  State,  and  the  said  affidavit  must  certify 
that  the  affiant  has  regularly  graduated  from  a  high  school 
or  similar  institution  of  learning  in  the  United  States,  as 
provided  in  section  12  of  this  act,  and  contain  in  full  the 
names  of  both  affiant  and  his  proposed  preceptor  and  the 


NEVADA  285 

names  of  two  reputable  witnesses,  together  with  the  date  of 
beginning  of  his  proposed  term  of  apprenticeship;  and  the 
Board  of  Dental  Examiners  shall  issue  to  affiant  a  recfipt 
for  the  same. 

Section  11.  Every  person  applying  to  the  Board  of 
Dental  Examiners  for  a  license  to  practise  dentistry  shall  pay 
to  the  board  a  fee  of  twenty-five  dollars,  which  shall  in  no 
case  be  refunded.  Every  licensed  dentist  shall,  on  or  before 
the  first  day  of  May  of  each  year,  except  the  one  in  which  he 
is  licensed,  pay  to  the  secretary  of  the  board  of  dental  ex- 
aminers a  fee  of  two  dollars,  which  shall  be  used  exclusively 
for  the  prosecution  of  violators  of  this  act  and  for  expenses 
of  collecting  said  fee.  The  year  for  which  a  fee  shall  be  paid 
shall  begin  July  1  following  the  May  when  it  becomes  due  and 
end  the  succeeding  June  30.  The  board  may  reduce  or  remit 
altogether  the  said  fee  for  any  year,  but  such  reduction  or 
remission  must  be  made  alike  to  all,  liable  to  pay  the  same. 
In  case  any  person  defaults  in  paying  said  fee,  his  license  may 
be  revoked  by  the  Board  of  Dental  Examiners  on  thirty  days' 
notice  in  writing  from  the  secretary,  unless  within  said  time 
said  fee  is  paid,  together  with  such  penalty  not  exceeding  ten 
dollars,  as  the  board  may  impose.  Upon  payment  of  said 
fee  and  penalty  the  board  shall  reinstate  the  delinquent's 
license.  On  or  before  the  first  day  of  July  of  each  year  the 
secretary  of  the  board  shall  send  to  the  county  clerk  of  each 
county  in  the  State  a  certified  list  of  all  practising  dentists 
therein  who  have  paid  said  fee,  and  the  clerk  shall  enter  or 
paste  the  same  in  the  register  of  dentists.  Necessary  ex- 
penses, per  diem  compensation  and  mileage  of  the  members 
of  the  board  incurred  while  in  attendance  on  meetings  not 
for  prosecuting  violators  of  this  act  shall  be  paid  out  of  the 
other  fees  and  fines  provided  for  in  this  act.  All  moneys 
received  under  this  act  shall  be  deposited  in  some  reliable 
bank  in  the  name  of  the  board,  and  shall  be  withdrawn  only 
on  the  joint  check  of  the  president  and  secretary  of  the  board. 

Section  12.  Any  and  all  persons  shall  be  understood  to  be 
practising  dentistry  within  the  meaning  of  this  act,  who  ohall 
for  a  fee,  salary,  or  reward,  paid  directly  or  indirectly,  to 


286     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

himself  or  to  some  other  person,  perform  operations  of  any 
kind  upon,  or  treat  diseases  or  lesions  of  the  human  teeth  or 
jaws,  or  correct  malimposed  positions  thereof,  or  display  a 
sign,  or  in  any  way  advertise  himself  as  a  dentist;  but  nothing 
in  this  act  contained  shall  prohibit  bona  fide  students  of 
dentistry  from  operating  in  the  clinical  departments  or  the 
laboratory  of  a  reputable  dental  college,  or  an  unlicensed 
person  from  performing  merely  mechanical  work  upon  inert 
matter  in  a  dental  office  or  laboratory;  or  the  student  of  a 
licentiate  from  assisting  his  preceptor  in  dental  operations 
while  in  the  presence  of  and  under  the  personal  supervision 
of  his  instructor;  or  a  duly  licensed  physician  from  treating 
diseases  of  the  mouth,  or  performing  operations  in  oral  sur- 
gery. But  nothing  in  the  provisions  of  this  act  shall  be 
construed  to  permit  the  performance  of  dental  operations 
by  any  unlicensed  persons  under  cover  of  the  name  of  a 
regular  practitioner  of  dentistry. 

Section  13.  Any  person,  company  or  association  shall  be 
guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall 
be  punishable  with  a  fine  of  not  less  than  fifty  dollars  or  more 
than  five  hundred  dollars,  or  by  imprisonment  for  not  less 
than  five  days  nor  more  than  six  months  in  the  county  jail, 
or  by  both  fine  and  imprisonment,  who 

1.  Shall  sell  or  barter,  or  offer  to  sell  or  barter,  any 
diploma  or  document,  conferring  or  purporting  to  confer  any 
dental  degree,  or  any  certificate  or  transcript,  made  or  pur- 
porting to  be  made,  pursuant  to  the  laws  regulating  the 
license  and  registration  of  dentists;  or 

2.  Shall  purchase  or  procure  by  barter,  any  such  diploma, 
certificate  or  transcript,  with  intent  that  the  same  shall  be 
used  as  evidence  of  the  holder's  qualification  to  practise 
dentistry,  or  in  fraud  of  the  laws  regulating  such  practice;  or 

3.  Shall,  wdth  fraudulent  intent,  alter  in  a  material  regard 
any  such  diploma,  certificate,  or  transcript;  or 

4.  Shall  use  or  attempt  to  use  any  such  diploma,  certi- 
ficate or  transcript,  which  has  been  purchased,  fraudulently 
issued,  counterfeited  or  materially  altered,  either  as  a  license 
or  color  of  license  to  practise  dentistry,  or  in  order  to  procure 
registration  as  a  dentist;  or 


NEVADA  287 

5.  Shall  practise  dentistry  under  a  false  or  assumed  name ;  or 

6.  Shall  assume  the  degree  of  "Doctor  of  Dental  Surgery" 
or  "Doctor  of  Dental  Medicine,"  or  shall  append  the  letters 
"D.D.S."  or  "D.M.  D."  to  his  or  her  name,  not  having 
duly  conferred  upon  him  or  her,  by  diploma  from  a  recognized 
dental  college  or  school  legally  empowered  to  confer  the 
same,  the  right  to  assume  said  title ;  or  shall  assume  any  title, 
or  append  any  letters  to  his  or  her  name,  with  intent  to 
represent  falsely  that  he  or  she  has  received  a  dental  degree 
or  license;  or 

7.  Shall  in  an  affidavit  required  of  an  applicant  for  exami- 
nation, license,  or  registration,  under  this  act,  wilfully  make 
a  false  statement  in  a  material  regard;  or 

8.  Shall  engage  in  the  practice  of  dentistry  under  any  title 
or  name  without  causing  to  be  displayed  in  a  conspicuous 
manner  and  in  a  conspicuous  place  in  his  or  her  office  the 
name  of  each  and  every  person  employed  in  the  practice  of 
dentistr}^  therein,  together  with  the  word  mechanic  or 
apprentice  after  the  name  of  each  unlicensed  person  em- 
ployed; or 

9.  Shall  within  ten  days  after  demand,  made  by  the  secre- 
tary of  the  board,  fail  to  furnish  to  said  board  the  name  and 
address  of  all  persons  practising  or  assisting  in  the  practice 
of  dentistry  in  the  office  of  said  person,  company  or  associa- 
tion, at  any  time  within  sixty  days  prior  to  said  notice,  to- 
gether with  a  sworn  statement  showing  under  and  by  what 
license  or  authority  said  person,  company,  or  association, 
and  said  employee  are  and  have  been  practising  dentistry, 
but  said  affidavit  shall  not  be  used  as  evidence  against  such 
person,  company,  or  association  in  any  proceeding  under  this 
section;  or 

10.  Is  practising  dentistry  in  the  State  without  a  hcense, 
or  whose  license  has  been  revoked  or  suspended. 

Section  14.  It  is  hereby  further  provided  that  the  con- 
ferring of  degrees  and  the  bestowing  of  diplomas,  by  repu- 
table dental  colleges  of  this  State,  who  have  been  endorsed  by 
the  Board  of  Dental  Examiners  of  Nevada,  and  are  members 
of  the  National  Association  of   Dental   Faculties,  are  not 


288     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

included  in  the  foregoing  penalties,  nor  shall  their  rights  and 
prerogative  ever  be  abridged  in  any  manner  whatsoever. 

Section  15.  All  fines,  penalties,  or  forfeitures,  not  includ- 
ing the  examination  fee,  imposed  or  collected  for  the  violation 
of  any  of  the  foregoing  provisions  of  this  act,  unless  otherwise 
specified,  shall  be  paid  as  follows :  One-half  into  the  common 
school  fund  in  the  county  in  which  the  prosecution  is  had, 
and  one-half  to  the  treasurer  of  this  board,  to  be  turned  into 
the  regular  funds  of  this  board,  and  it  shall  be  the  duty  of  the 
county  treasurer  of  each  county,  upon  the  receipt  by  him  of 
any  such  fines,  penalties  or  forfeitures,  to  forthwith  pay  over 
the  same  one-half  to  the  treasurer  of  this  board.  Said  board, 
or  any  member  or  officer  thereof,  may  prefer  a  complaint  for 
violation  of  the  law  regulating  the  practice  of  dentistry, 
before  any  court  of  competent  jurisdiction,  and  may  by  its 
officers,  counsel,  and  agents,  and  in  presenting  the  law  of 
facts  before  said  court,  in  any  proceeding  taken  thereon;  and 
it  shall  be  the  duty  of  the  district  attorney  of  each  county  of 
this  State  to  prosecute  all  violations  of  the  aforesaid  pro- 
visions of  this  act  in  their  respective  counties  in  which  such 
violation  occurs. 

Section  16.  The  members  of  the  Board  of  Dental  Ex- 
aminers shall  make  an  annual  report  of  its  proceedings  to  the 
Governor  of  Nevada  by  the  1st  of  December  of  each  year, 
together  with  an  account  of  all  moneys  received  and  dis- 
bursed by  them,  pursuant  to  this  act. 

Section  17.  Three  members  of  said  Board  of  Dental 
Examiners  shall  constitute  a  quorum  for  the  transaction  of 
business  at  any  meeting  of  the  board. 

Section  18.  Nothing  in  this  act  shall  be  so  construed  as 
to  interfere  with  the  rights  and  privileges  of  physicians  and 
surgeons  in  the  discharge  of  their  duties. 

NEW  HAMPSHIRE 

Chapter  134,  Public  Statutes  of  1901. 
Section  1.    There  shall  be  a  State  board  of  registration  in 
dentistry,  composed  of  three  skilled  dentists  of  good  repute. 


NEW  HAMPSHIRE  289 

residing  and  doing  business  in  the  State,  who  shall  be  ap- 
pointed by  the  governor  with  the  advice  of  the  council,  and 
shall  hold  office  for  three  years,  unless  sooner  removed  by  the 
same  authority  for  cause.  Vacancies  shall  be  filled  by 
appointment  in  like  manner  for  the  unexpired  term.  No 
person  shall  be  eligible  for  appointment  unless  he  graduated 
from  some  reputable  medical  or  dental  college  authorized  to 
grant  degrees  in  dentistry,  or  has  practised  dentistry  for  ten 
years  prior  to  his  appointment. 

Section  2.  The  board  shall  choose  from  its  number  a 
president  and  secretary,  and  it  shall  meet  at  least  once  in 
each  year.    Two  members  shall  constitute  a  quorum. 

Section  3.  Any  person  may  appear  before  the  board  at 
a  regular  meeting,  and  be  examined  with  reference  to  his 
knowledge  and  skill  in  dentistry  and  dental  surgery;  and 
the  board  shall  issue  to  such  persons  as  it  finds  qualified  to 
practise  dentistry,  a  certificate  to  that  efi^ect. 

Section  4.  The  board  shall  charge  each  person  for  a 
certificate  of  qualification  a  fee  of  ten  dollars.  Any  person 
failing  to  pass  a  satisfactory  examination  shall  be  entitled 
to  be  reexamined  at  any  future  meeting  of  the  board.  The 
board  shall  make  a  report  of  its  proceedings  to  the  governor 
by  the  thirty-first  day  of  December  in  each  year.  All  fees 
received  by  the  board  shall  be  paid  into  the  treasury  of  the 
State. 

Section  5.  (As  amended  in  Laws  of  1903,  April  2,  Chap. 
113,  p.  113.)  The  members  of  the  board  shall  be  paid  the 
expenses  necessarily  incurred  and  five  dollars  a  day  each  for 
time  actually  spent  in  the  discharge  of  their  duties.  Their 
bills  for  services  and  expenses  shall  be  audited  and  allowed 
by  the  governor  and  council,  and  shall  be  paid  from  the 
State  treasury. 

Section  6.  Any  person  who  shall  falsely  pretend  to  have 
or  hold  a  certificate  of  qualification  granted  by  the  board,  or 
who  shall  falsely,  and  with  intent  to  deceive,  pretend  to  be  a 
graduate  from  any  incorporated  dental  college,  or  who  shall 
practise  dentistry  without  having  a  certificate  as  provided 
by  law,  or  who  shall  violate  any  of  the  provisions  of  this 
19 


290     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

chapter,  shall  be  fined  not  more  than  one  hundred  dollars 
for  each  offence. 

Section  7.  (As  inserted  by  the  act  of  1903,  April  2,  Chap. 
113.)  Any  association  of  persons  whether  incorporated  or 
not,  engaged  in  the  practice  of  dentistry  under  the  name  of 
company  or  association,  or  any  other  title,  shall  cause  to  be 
displayed  and  kept  in  a  conspicuous  place  in  its  office  a  cer- 
tificate from  the  said  board  of  the  qualification  of  each  person 
engaged  in  the  practice  of  dentistry  in  said  office.  Any  vio- 
lation of  this  section  shall  subject  the  manager  of  said  office 
to  punishment  by  a  fine  not  exceeding  one  hundred  dollars. 

Section  8.  (As  amended  1903,  April  2,  Chap.  113.) 
Nothing  in  this  chapter  shall  apply  to  a  practising  physician 
who  is  a  graduate  from  the  medical  department  of  an  incor- 
porated college,  or  to  a  bona  fide  student  of  dentistry  pur- 
suing his  studies  under  the  direction  of  a  qualified  dentist. 


NEW  JERSEY 

1898,  March  17,  Laws,  Chap.  74,  p.  119. 

Section  1.  The  following  persons  only  shall  be  deemed 
licensed  to  practise  dentistry  in  this  State : 

(a)  Those  who  are  now  duly  licensed  and  registered  as 
dentists  pursuant  to  law,  and 

(6)  Those  who  may  hereafter  be  duly  licensed  and  regis- 
tered as  dentists  pursuant  to  the  provisions  of  this  act. 

Section  2.    Dental  Board;  Appointment,  etc. 

Section  3.  The  board  shall  from  time  to  time  adopt  rules 
for  its  own  government  and  for  the  examination  of  candidates 
for  license  to  practise  dentistry;  any  rule  altering  the  nature 
or  increasing  the  severity  of  the  examination  or  the  subjects 
to  be  included  therein  shall  not  be  enforced  within  six  months 
after  its  adoption  and  public  promulgation;  the  examination 
of  applicants  shall  be  confined  to  written  or  oral,  or  both 
written  and  oral,  examinations  upon  subjects  properly  relat- 
ing to  the  science  of  dentistry,  the  knowledge  of  which  is 
necessary  to  the  proper  and  skilful  practice  of  said  science; 


NEW  JERSEY  291 

the  board  may  also  require  from  applicants,  as  part  of  the 
examination,  demonstrations  of  their  skill  in  operative  and 
mechanical  dentistry;  no  person  shall  be  examined  by  the 
said  board  unless  he  be  twenty-one  years  of  age,  of  good 
moral  character,  and  have  received  a  preliminary  education 
equal  to  that  furnished  by  the  common  schools  of  this  State 
and  be  graduated  in  course  with  a  dental  degree  from  a 
dental  school,  college  or  department  of  a  university  recog- 
nized by  said  board,  or  shall  present  the  written  recommen- 
dation of  at  least  five  licensed  dentists  of  this  State  of  five 
years'  standing,  certifying  that  he  is  qualified  for  such  ex- 
amination, or  shall  hold  a  diploma  or  license  conferring  full 
right  to  practise  dentistry  in  some  foreign  country  and 
granted  by  some  authority  recognized  by  the  board;  any 
member  of  the  board  may  inquire  of  any  applicant  for 
examination  concerning  his  qualifications,  and  may  take 
testimony  of  anyone  in  regard  thereto,  under  oath,  which  he 
is  hereby  empowered  to  administer. 

Section  4.  Every  apphcant  for  hcense  to  practise  den- 
tistry shall  file  his  application  with  and  pay  to  the  secretary 
of  said  board  a  fee  of  twenty-five  dollars  and  present  himself 
for  examination  at  the  first  regular  meeting  of  the  board  after 
such  application,  due  notice  of  which  shall  be  given;  such  fee 
shall  not  be  refunded,  unless  from  sickness  or  other  good 
cause  appearing  to  the  satisfaction  of  the  board  such  appli- 
cant was  prevented  from  attending  and  completing  such 
examination ;  further  or  subsequent  examinations  under  such 
application  may  be  given  to  applicants,  in  the  discretion  of 
the  board,  without  payment  of  additional  fee. 

Section  5.    Expenses  of  board. 

Section  6.  Said  board  shall  register  as  licensed  dentists, 
and  under  its  seal  and  the  hand  of  its  president  and  secretary, 
issue  to  all  persons  who  shall  successfully  pass  said  examina- 
tion, its  license  to  practise  dentistry  in  this  State;  the  board 
may  also,  without  the  examination  hereinabove  provided 
for,  issue  its  license  to  any  applicant  therefor  who  shall 
furnish  proof  satisfactory  to  it  that  he  has  been  duly  licensed 
after  examination  to  practise  dentistry  in  any  State  after  full 


292     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

compliance  with  the  requirement  of  its  dental  laws ;  provided, 
however,  that  his  professional  education  shall  not  be  less 
than  that  required  in  this  State;  every  license  so  given  shall 
state  upon  its  face  the  grounds  upon  which  it  is  granted,  and 
the  applicant  may  be  required  to  furnish  his  proof  upon 
affidavit;  the  fee  for  such  license  shall  be  twenty-five  dollars. 
(As  amended  by  act  of  1901,  March  22,  Chap.  193,  p.  395.) 

Section  7.  Upon  presentation  to  the  board  of  a  certified 
copy  of  a  court  record,  showing  that  a  practitioner  of  den- 
tistry has  been  convicted  of  felony  or  misdemeanor,  that  fact 
may  be  noted  upon  the  record  of  licenses,  and  the  license  and 
registration  shall  be  marked  cancelled;  any  person  whose 
license  shall  be  so  cancelled  shall  be  deemed  an  unlicensed 
person,  and,  as  such,  subject  to  the  penalties  prescribed  for 
other  unlicensed  persons  who  practise  dentistry. 

Section  8.  This  act  shall  not  be  construed  to  prohibit 
an  unlicensed  person  from  performing  mechanical  work  upon 
inert  matter  in  a  dental  office  or  laboratory;  or  to  prohibit 
the  registered  student  of  a  licensed  dentist  from  assisting  his 
preceptor  in  dental  operations  while  in  his  presence  and  under 
his  direct  and  immediate  personal  supervision;  or  to  prohibit 
a  duly  licensed  physician  from  treating  the  diseases  of  the 
mouth  or  performing  operations  in  oral  surgery;  nothing  in 
the  provisions  of  this  act  shall  be  construed  to  permit  the 
performance  of  dental  operations  by  any  unlicensed  person 
under  cover  of  the  name  of  a  registered  practitioner;  any 
person  now  registered  as  a  student  may  present  himself  for 
examination  to  the  board  upon  complying  with  the  pro- 
visions of  this  act  relative  to  examination,  and  presenting 
to  the  board  a  certificate,  under  oath  from  the  dentist  or 
dentists  with  whom  he  has  studied,  that  such  applicant  has 
studied  as  a  student  with  the  dentist  or  dentists  so  certifying 
for  not  less  than  five  years  continuously ;  provided,  however, 
such  applicant  shall  have  filed,  on  or  before  the  first  day  of 
June,  eighteen  hundred  and  ninety-eight,  a  notice  with  the 
board  that  it  is  his  purpose  to  avail  himself  of  the  exemption 
thereby  made;  the  board  may,  however,  at  any  time,  upon 
proof  of  the  violation  of  any  of  the  provisions  of  this  act  by 


NEW  JERSEY  293 

such  student,  revoke  his  right  to  present  himself  for  and  pass 
such  examination;  any  person  shall  be  regarded  as  practising 
dentistry  within  the  meaning  of  this  act  who  shall  use  the 
words  "doctor  of  dental  surgery,"  "doctor  of  dental  medi- 
cine," or  the  letters  "D.  D.  S."  or  "D.  M.  D."  in  connection 
with  his  or  her  name,  or  any  other  title  intended  to  imply  or 
designate  him  or  her  as  a  practitioner  in  dentistry  in  all  of  its 
branches,  and  who,  in  connection  with  such  title  or  titles,  or 
without  the  use  of  such  titles  shall  practise  dentistry  in  any 
of  its  branches;  and  it  is  further  provided,  that  the  use  of  any 
one  of  the  aforesaid  mentioned  titles  or  the  exposition  of  a 
sign,  circular,  advertisement  or  any  other  device  or  informa- 
tion indicating  thereby  the  occupation  of  the  person  or 
persons,  shall  be  taken  and  considered  in  the  trial  of  any 
indictment  which  may  be  found  for  the  violatiqn  of  any  of 
the  provisions  of  this  act,  or  in  the  trial  of  any  civil  action  for 
penalties  under  the  provisions  of  this  act,  as  prima  facie 
evidence.  (As  amended  by  the  act  of  1901,  March  22,  Chap. 
193,  p.  395.) 

Section  9.  That  hereafter  if  any  association  or  company 
of  persons,  whether  incorporated  or  not,  shall  engage  in  the 
practice  of  dentistry  under  the  name  of  "company,"  "asso- 
ciation," or  any  other  title,  the  said  company  or  association 
shall  cause  to  be  displayed  and  kept  in  a  conspicuous  place 
at  the  entrance  to  its  place  of  business  the  names  of  each  and 
every  person  employed  by  said  company  or  association  in  the 
practice  of  dentistry;  and  any  person  employed  by  such  com- 
pany or  association  whose  names  shall  not  be  displayed  as 
above  provided,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  shall  be  punished  as  hereinafter 
provided;  and  the  said  association  or  company,  if  incorpor- 
ated, or  the  persons  comprising  the  same,  if  not  incorporated, 
shall  for  such  failure  to  display  the  aforesaid  names  be  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  as  hereinafter  provided. 

Section  10.  That  hereafter  there  shall  be  an  annual 
registration  of  every  person,  persons,  company,  or  association 
practising  dentistry  within  the  State,  together  with  an  annual 


294     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

registration  of  each  and  every  assistant  in  the  employ  of 
every  such  person,  persons,  company,  or  association ;  it  shall 
be  the  duty  of  the  secretary  of  this  board,  not  later  than  the 
first  day  of  December  in  each  year,  to  prepare  and  mail  to 
every  person,  company,  or  association  known  to  be  practis- 
ing dentistry  within  this  State  a  document  to  be  known  as 
the  "annual  registration  blank,"  upon  which  shall  be  proper 
space  for  the  endorsement  of  the  name,  residence,  and  loca- 
tion of  office  of  the  person,  company,  or  association  to  whom 
the  same  is  sent,  together  with  the  name  and  residence  of 
every  assistant  employed  in  any  such  office;  and  it  shall  be 
the  duty  of  every  person,  company,  or  association,  upon  the 
receipt  of  said  blank,  to  fill  in  the  name,  residence,  and  loca- 
tion of  office  of  said  person,  company,  or  association,  and  also 
the  name  and  residence  of  each  and  every  assistant  employed 
by  said  person,  company,  or  association  in  any  such  office; 
said  return  shall  be  fully  completed  and  returned  to  the 
secretary  of  this  board  within  thirty  days  after  its  receipt; 
for  failure  to  comply  herewith  the  person,  company,  or  asso- 
ciation shall  be  liable  to  a  fine  of  ten  dollars,  besides  costs, 
to  be  sued  for  in  the  name  of  the  board,  in  any  court  of  com- 
petent jurisdiction;  said  fine  to  be  paid  into  the  treasury  of 
the  board;  and  any  person,  company,  or  association  making 
any  false  statement  concerning  or  touching  any  matter  or 
thing  covered  by  this  section  shall  for  such  ofi^ence  be  liable 
to  a  fine  of  fifty  dollars,  besides  costs,  for  each  and  every 
offence,  to  be  sued  for  in  the  name  of  said  board  in  any  court 
of  competent  jurisdiction;  said  fine  to  be  paid  into  the 
treasury  of  said  board. 

Section  11.  That  hereafter  it  shall  be  the  duty  of  every 
person,  company,  or  association  practising  dentistry  within 
this  State,  upon  demand  in  writing  made  by  the  secretary  of 
this  board,  to  furnish,  within  thirty  days  after  said  demand 
to  the  State  board  through  its  secretary,  the  name  and  ad- 
dress of  each  and  every  person  practising  dentistry  or  assist- 
ing in  the  practice  thereof,  in  the  office  of  said  person, 
company,  or  association,  together  with  a  statement  showing 
under  and  by  what  license  or  authority  the  said  person,  com- 


NEW  JERSEY  295 

pany,  or  association  is  practising;  for  failure  so  to  do  the  said 
person,  compamv,  or  association  shall  be  liable  to  a  fine  of  ten 
dollars  besides  costs,  to  be  sued  for  in  the  name  of  the  board 
in  any  court  of  competent  jiu"isdiction,  said  fine  to  be  paid 
into  the  treasury  thereof;  and  any  person,  company,  or  asso- 
ciation making  any  false  statement  concerning  or  touching 
any  matter  or  thing  covered  by  this  section  shall  for  such 
offence  be  liable  to  a  fine  of  fifty  dollars,  besides  costs,  for 
each  and  every  offence,  to  be  sued  for  in  the  name  of  said 
board  in  any  court  of  competent  jurisdiction,  said  fine  to  be 
paid  into  the  treasury  of  the  said  board. 

Sectiox  12.  Any  person,  company,  or  association,  prac- 
tising or  holding  himself  or  itself  out  to  the  public  as  prac- 
tising dentistry,  not  being  at  the  time  of  said  practice  or 
holding  out  legally  licensed  to  practise  as  such  in  this  State, 
shall  be  guilty  of  a  misdemeanor  and  pimishable  upon  con- 
viction of  a  first  oft'ence  by  a  fine  of  not  less  than  fifty  dollars, 
and,  upon  con\-iction  of  a  subsequent  oflence,  by  a  fine  of  not 
less  than  one  hinidred  dollars  or  by  imprisonment  of  not  less 
than  two  months,  or  by  both  fine  and  imprisonment. 

Section  13.  Any  person,  company,  or  association,  for 
failure  to  comply  ^"ith  each  and  every  pro^"ision  and  condi- 
tion contained  in  the  ninth,  tenth,  and  eleventh  sections  of 
this  act,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  punished  with  a  fine  of  not  less  than 
five  himdred  dollars,  or  by  imprisonment  of  not  less  than  six 
months,  or  by  both  fine  and  imprisonment. 

Section  14.  Any  person,  company,  or  association  shall 
be  guilty  of  a  misdemeanor,  and  upon  every  conviction 
thereof  shall  be  punished  with  a  fine  of  not  less  than  five 
hundred  dollars,  or  by  imprisonment  for  not  less  than  six 
months,  or  by  both  fine  and  imprisonment,  who 

(1)  Shall  sell  or  barter,  or  offer  to  sell  or  barter,  any 
diploma  or  document  conferring  or  purporting  to  confer  any 
dental  degree,  or  any  certificate  or  transcript,  made  or  piu- 
porting  to  be  made,  pinsuant  to  the  laws  regulating  the 
license  and  registration  of  dentists;  or 


296      STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

(2)  Shall  purchase  or  procure  by  barter  any  such  diploma, 
certificate  or  transcript  with  intent  that  the  same  shall  be 
used  as  evidence  of  the  holder's  qualification  to  practise 
dentistry,  or  in  fraud  of  the  laws  regulating  such  practice; 
or 

(3)  Shall  with  fraudulent  intent,  alter  in  a  material  regard 
any  such  diploma,  certificate^  or  transcript;  or 

(4)  Shall  use  or  attempt  to  use  any  such  diploma,  certifi- 
cate, or  transcript  which  has  been  purchased,  fraudulently 
issued,  counterfeited  or  materially  altered,  either  as  a  license 
or  color  of  license  to  practise  dentistry,  or  in  order  to  procure 
registration  as  a  dentist;  or 

(5)  Shall  practise  dentistry  under  a  false  or  assumed 
name;  or 

(6)  Not  being  now  duly  licensed  and  registered  as  a 
dentist,  shall  assume  the  degree  of  "doctor  of  dental  sur- 
gery," or  "doctor  of  dental  medicine,"  or  shall  append  the 
letters  "D.  D.  S."  or  "D.  M.  D."  to  his  or  her  name,  not 
having  had  duly  conferred  upon  him  or  her  by  diploma  from 
some  college  or  school  legally  empowered  to  confer  the  same 
the  right  to  assume  said  titles;  or  shall  assume  any  title  or 
append  any  letters  to  his  or  her  name  with  the  intent  to 
represent  falsely  that  he  has  received  a  dental  degree  or 
license;  or 

(7)  Any  person  who,  in  any  affidavit  or  examination 
required  of  an  applicant  for  examination,  license,  or  registra- 
tion under  the  laws  regulating  the  practice  of  dentistry,  shall 
make  wilfully  a  false  statement  in  a  material  regard,  shall  be 
guilty  of  a  high  misdemeanor,  punishable  upon  conviction 
thereof  by  a  fine  not  exceeding  five  hundred  dollars,  or  by 
imprisonment  at  hard  labor  not  exceeding  five  years,  or  both, 
at  the  discretion  of  the  court. 

Section  15.  All  fines,  penalties,  or  forfeitures  imposed  or 
collected  for  the  violation  of  any  of  the  foregoing  provisions 
of  this  act,  shall  be  paid  as  follows :  One-half  thereof  to  the 
county  collector  of  the  county  in  which  the  prosecution  is 
had,  and  one-half  thereof  to  the  secretary  of  this  board,  to 
be  held,  disposed  and  accounted  for  by  him  as  hereinabove 


NEW  MEXICO  297 

directed;  and  it  shall  be  the  duty  of  the  county  collector  of 
each  county,  upon  receipt  by  him  of  any  such  fine,  penalty, 
or  forfeiture,  to  forthwith  pay  over  to  the  secretary  of  this 
board  one-half  of  the  same;  said  board  or  any  member  or 
officer  thereof  may  prefer  a  complaint  for  violation  of  the 
law  regulating  the  practice  of  dentistry  before  any  court, 
tribunal,  or  magistrate  having  jurisdiction,  and  may  by  its 
officers,  counsel,  and  agents  aid  in  presenting  the  law  or  facts 
before  said  court,  tribunal,  or  magistrate  in  any  proceeding 
taken  thereon ;  and  it  shall  be  the  duty  of  the  prosecutor  of 
the  pleas  of  the  counties  of  this  State  to  prosecute  all  viola- 
tions of  the  aforesaid  provisions  of  this  act. 

Section  16.  In  addition  to  all  of  the  fines,  forfeitures,  and 
penalties  hereinabove  provided  for,  it  shall  be  lawful  for  the 
said  board  to  institute  civil  proceedings  in  any  court  of  com- 
petent jurisdiction  against  any  person,  company,  or  associa- 
tion for  the  violation  of  any  of  the  provisions  of  this  act; 
such  proceedings  shall  be  brought  in  an  action  in  debt,  and, 
upon  conviction  thereunder,  the  person,  company,  or  associa- 
tion so  convicted  shall  be  liable  to  a  fine,  which  shall  be  the 
same  amount  fixed  in  the  section  of  this  act  for  the  violation 
of  which  the  suit  shall  have  been  brought;  and  all  fines  and 
penalties  collected  by  any  court  under  the  provisions  of  this 
section  of  this  act  shall  be  paid  over  to  the  secretary  of  this 
board,  to  be  received  and  disbursed  by  him  in  accordance 
with  the  provisions  of  this  act. 

The  following  laws  are  hereby  repealed,  to  wit:  Chapter 
260  of  the  laws  of  1873;  chapter  20  of  the  laws  of  1884; 
chapter  143  of  the  laws  of  1980;  and  chapter  44  of  the  laws 
of  1894. 

NEW  MEXICO 

1893,  February  23,  Session  Laws,  Chap.  60,  p.  86. 

Section  1.  That  it  shall  be  unlawful  for  any  person  who 
is  not  at  the  time  of  the  passage  of  this  act  engaged  in  the 
practice  of  dentistr}^  in  the  territory  of  New  Mexico  to 
commence  such  practice  unless  such  persons  have  received 


298     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

a  certificate  from  the  duly  authorized  Board  of  Dental 
Examiners  hereinafter  provided  for. 

Sections  2  and  3.    Board  of  Dental  Examiners,  duties,  etc. 

Section  4.  It  shall  be  the  duty  of  every  person  who  at  the 
time  of  the  passage  of  this  act  is  engaged  in  the  practice  of 
dentistry  in  the  territory  of  New  Mexico  within  six  months 
from  the  date  of  the  passage  of  this  act  to  cause  his  or  her 
written  application  to  be  filed  with  the  secretary  of  the  said 
board  for  a  certificate  to  continue  in  the  practice  of  dentistry 
within  said  territory;  and  all  persons  whom  the  board  may 
find  to  have  been  engaged  in  the  practice  of  dentistry  within 
the  territory  of  New  Mexico  for  the  period  of  one  year  next 
preceding  the  passage  of  this  act  shall  be  entitled  to  receive 
a  certificate  from  said  board  of  examiners  without  further 
examination. 

Section  5.  (As  amended  March  21,  1907,  Chap.  74,  p. 
146.)  No  person  whose  name  is  not  registered  on  the  books 
of  said  board  as  a  regular  practitioner  of  dentistry,  within 
the  time  prescribed  in  the  next  preceding  section,  shall  be 
permitted  to  practise  dentistry  within  the  territory  of  New 
Mexico  until  such  person  shall  have  been  duly  examined  by 
said  board  and  regularly  licensed  in  accordance  with  the 
provisions  of  this  act,  and  such  person  shall  present  at  the 
time  of  this  examination  his  diploma  from  a  reputable  dental 
college. 

Section  6.  (As  amended  March  9,  1905,  Chap.  45,  p.  87.) 
In  order  to  provide  the  means  for  carrying  out  and  enforcing 
the  provisions  of  this  act  said  Board  of  Examiners  shall 
charge  each  person  applying  for  a  certificate  to  continue 
in  the  practice  of  dentistry  the  sum  of  five  dollars  for  said 
certificate,  and  all  persons  applying  for  an  examination  to 
procure  a  certificate  to  commence  the  practice  of  dentistry 
within  the  territory  of  New  Mexico  shall  pay  to  the  secretary 
of  said  board,  before  submitting  to  said  examination,  the 
sum  of  twenty-five  dollars.  All  licensed  dentists  within  the 
territory  shall,'  on  or  before  the  first  day  of  June  of  each 
year,  register  with  the  secretary  of  the  board,  and  shall  pay 
therefor  an  annual  fee  of  three  dollars.    Said  board  shall  have 


NEW  MEXICO  299 

power  to  revoke  the  license  of  all  dentists  failing  to  register 
within  thirty  days  after  written  notice  so  to  do. 

Section  7.  Any  person  holding  a  license  from  said  board 
who  shall  be  charged  with  immoral  or  unprofessional  conduct 
may,  if  found  guilty  as  charged,  upon  proper  investigation 
had  by  said  board,  have  his  or  her  license  revoked  by  said 
board. 

Section  8.  All  moneys  received  by  the  board  shall  be 
held  by  the  secretary  thereof  as  a  special  fund  for  paying 
the  necessary  expenses  and  for  enforcing  the  provisions  of 
this  act. 

The  secretary  shall  give  to  the  board  a  good  and  sufficient 
bond,  to  be  approved  by  said  board  and  in  an  amount  to  be 
fixed  by  the  board. 

Section  9.  No  part  of  the  salary  or  other  expenses  of 
said  board  shall  be  paid  out  of  the  territorial  treasury. 

Section  10.  It  shall  be  the  duty  of  the  secretary  of  the 
board  to  make  an  annual  report  to  the  governor  of  the 
territory,  at  such  times  as  may  be  directed  by  the  board,  and 
such  report  shall  be  signed  and  approved  by  the  president  of 
the  board. 

Section  11.  Any  person  who  shall  violate  any  of  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof  may  be  fined  not  less 
than  twenty  dollars  nor  more  than  one  hundred  dollars,  or 
to  be  imprisoned  in  the  county  jail  not  less  than  one  month 
nor  more  than  three  months  or  by  both  such  fine  and  im- 
prisonment, in  the  discretion  of  the  court  trying  said  cause. 

Section  12.  Any  justice  of  the  peace  of  the  county  in 
which  such  violation  was  committed  shall  have  jurisdiction 
in  all  cases  of  violations  of  this  act,  and  it  shall  be  the  duty 
of  the  respective  county  attorneys  to  prosecute  all  violations 
of  this  act. 

Section  13.  Nothing  in  this  act  shall  be  construed  to 
interfere  with  physicians  and  surgeons  in  their  practice  as 
such. 

Section  14.  This  act  shall  be  in  force  from  and  after  its 
passage. 


300     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 


NEW  YORK 

1909,  Consolidated  Laws,  p.  3270. 

Act  of  1901,  Chap.  215,  amending  former  acts  on  practice 
of  dentistry  of  1893,  1895,  1896,  and  1898. 

Section  190.  Definitions. — As  used  in  this  article,  the 
terms  "miiversity,"  "regents,"  and  "physicians"  have 
respectively  the  meanings  defined  in  article  eight  of  this 
chapter.  "Board,"  where  not  otherwise  limited,  means  the 
Board  of  Dental  Examiners  of  the  State  of  New  York. 
"Registered  medical  or  dental  school"  means  a  medical  or 
dental  school,  college  or  department  of  a  university,  regis- 
tered by  the  regents  as  maintaining  a  proper  educational 
standard  and  legally  incorporated.  "Examiner,"  where  not 
otherwise  qualified,  means  a  member  of  the  board.  "State 
dental  society,"  means  the  Dental  Society  of  the  State  of 
New  York. 

Section  191.    State  dental  society. 

Section  192.    District  dental  societies. 

Section  193.    Powers  of  district  dental  societies. 

Section  194.  Licentiates. — Only  the  following  persons 
shall  be  deemed  licensed  to  practise  dentistry: 

1.  Those  duly  licensed  and  registered  as  dentists  in  this 
State  prior  to  the  first  of  August,  1895,  pursuant  to  the  laws 
in  force  at  the  time  of  their  license  and  registration. 

2.  Those  duly  licensed  and  registered  after  the  first  day 
of  August,  1895,  pursuant  to  the  provisions  of  this  Chapter. 

Section  195.  Constitution  of  the  State  Board  of  Dental 
Examiners.    (Amended  1910,  April  21,  Chap.  137,  p.  247.) 

Section  196.  (As  amended  by  Act  of  1911.)  Examina- 
tions.— The  regents  shall  admit  to  examination  any  candidate 
who  shall  pay  the  fee  herein  prescribed  and  submit  satis- 
factory evidence,  verified  by  oath  if  required,  that  he: 

1.  Is  more  than  twenty-one  years  of  age; 

2.  Is  of  good  moral  character; 

3.  Has  a  preliminary  education  equivalent  to  graduation 
from    a   four-year   high    school   course    registered    by  the 


NEW   YORK  301 

regents,  or  an  education  accepted  by  the  regents  as  fully 
equivalent. 

4.  Subsequently  to  receiving  such  preliminary  education 
either  has  been  graduated  in  course  with  a  dental  degree  from 
a  registered  dental  school,  or  else,  having  been  graduated 
in  course  from  a  registered  medical  school  with  a  degree 
of  Doctor  of  Medicine,  has  pursued  thereafter  a  course  of 
special  study  of  dentistry  for  at  least  two  years  in  a  registered 
dental  school  and  received  therefrom  its  degree  of  Doctor  of 
Dental  Surgery,  or  else  holds  a  diploma  or  license  conferring 
full  right  to  practise  dentistry  in  some  foreign  country  and 
granted  by  some  registered  authority,  or  else  has  lawfully 
practised  dentistry  for  more  than  twenty-five  years  without 
this  State  and  within  the  United  States:  Provided,  That  any 
person  who  then  being  a  bona  fide  student  of  dentistry  in  this 
State  under  private  preceptorship  was  entitled  to  file  on  or 
before  the  31st  day  of  July,  1895,  with  the  secretary  of  the 
State  Dental  Society  a  certificate  of  study  under  private 
preceptorship  and  who  did  at  any  time  prior  to  the  1st  day  of 
January,  1904,  upon  sworn  proof  of  such  fact  file  such  a  cer- 
tificate with  the  regents,  may  be  admitted  to  examination 
before  the  board.  Any  member  of  the  board  may  inquire  of 
any  applicant  for  examination  concerning  his  qualifications 
and  may  take  testimony  of  anyone  in  regard  thereto,  under 
oath,  which  he  is  hereby  empowered  to  administer. 

Section  197.  Degrees. — No  degree  in  dentistry  shall  be 
conferred  in  this  State  except  the  degree  of  Doctor  of  Dental 
Surgery.  Said  degree  shall  not  be  conferred  upon  anyone 
unless  he  shall  have  satisfactorily  completed  a  course  of  at 
least  three  years  in  a  registered  dental  school,  or  having  been 
graduated  in  course  from  a  registered  medical  school,  with 
the  degree  of  Doctor  of  Medicine  shall  have  pursued  satis- 
factorily thereafter  a  course  of  special  study  of  dentistry  for 
at  least  two  years  in  a  registered  dental  school;  nor  shall  said 
degree  be  conferred  upon  anyone,  unless  prior  to  matricula- 
tion in  the  institution  conferring  his  professional  degree,  or 
before  beginning  the  second  course  of  lectures  counted 
toward  such  degree,  he  shall  have  filed  with  said  institution 


302     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

a  regents'  certificate  that  he  has  received  the  required  pre- 
liminary education  evidenced  as  aforesaid:  Provided,  further, 
however,  That  the  regents  may  confer  upon  all  persons  who 
shall  have  received  the  degree  of  Master  of  Dental  Surgery 
under  the  laws  of  this  State,  prior  to  March  28,  1901,  the 
degree  of  Doctor  of  Dental  Surgery  in  lieu  of  said  master's 
degree. 

Section  198.  Licenses. — On  certification  by  the  Board  of 
Dental  Examiners  that  a  candidate  has  successfully  passed 
its  examinations  and  is  competent  to  practise  dentistry,  the 
regents  shall  issue^  to  him  their  license  so  to  practise  pursuant 
to  the  rules  established  by  them.  On  the  recommendation 
of  the  board,  the  regents  may  also,  without  the  examination 
hereinbefore  provided  for,  issue  their  license  to  any  applicant 
therefor  who  shall  furnish  proof  satisfactory  to  them  that  he 
has  been  duly  graduated  from  a  registered  dental  school  and 
has  been  thereafter  lawfully  and  reputably  engaged  in  such 
practice  for  six  years  next  preceding  his  application;  or  who 
holds  a  license  to  practise  dentistry  in  any  other  State  of  the 
United  States  granted  by  a  State  Board  of  Dental  Examiners 
endorsed  by  the  Dental  Society  of  the  State  of  New  York: 
Provided,  That  in  either  case  his  preliminary  and  professional 
education  shall  have  been  not  less  than  that  required  in  this 
State.  Every  license  so  issued  shall  state  on  its  face  the 
grounds  on  which  it  is  granted  and  the  applicant  may  be 
required  to  furnish  his  proofs  on  affidavit. 

Section  199.  Registration.  —  Every  person  practising 
dentistry  in  this  State  and  not  lawfully  registered  before 
April  17,  1896,  shall  register  in  the  office  of  the  clerk  6f  the 
county  where  his  place  of  business  is  located,  in  a  book  kept 
by  the  clerk  for  such  purpose,  his  name,  age,  office  and  post- 
office  address,  date  and  number  of  his  license  to  practise 
dentistry  and  the  date  of  such  registration,  which  registra- 
tion he  shall  be  entitled  to  make  only  upon  showing  to  the 
county  clerk  his  license  or  duly  authenticated  copy  thereof, 
and  making  an  aflSdavit  stating  name,  age,  birthplace,  the 
number  of  his  license  and  the  date  of  its  issue;  that  he  is  the 
identical  person  named  in  the  license;  and  that  before  receiv- 


NEW   YORK  303 

ing  the  same  he  complied  with  all  the  preliminary  require- 
ments of  this  article  and  the  rules  of  the  regents  and  board 
as  to  the  terms  and  the  amount  of  study  and  examination; 
that  no  money  other  than  the  fees  prescribed  b}'  this  article 
and  said  rules,  was  paid  directly  or  indirectly  for  such  license, 
and  that  no  fraud  misrepresentation  or  mistake  in  a  material 
regard  was  employed  or  occurred  in  order  that  such  license 
should  be  conferred.  The  county  clerk  shall  preserve  such 
affidavit  in  a  bound  volume  and  shall  issue  to  every  licentiate 
duly  registering  and  making  such  affidavit,  a  certificate  of 
registration  in  his  county,  which  shall  include  a  transcript  of 
the  registration.  Such  transcript  and  the  license  may  be 
offered  as  presumptive  evidence  in  all  courts  of  the  facts 
stated  therein.  -The  county  clerk's  fee  for  taking  such  regis- 
tration and  affidavit  and  issuing  such  certificate,  shall  be 
one  dollar.  A  practising  dentist  having  registered  a  lawful 
authority  to  practise  dentistry  in  one  county  of  the  State  and 
removing  such  practice  or  part  thereof  to  another  county,  or 
regularly  engaging  in  practice  or  opening  an  office  in  another 
county,  shall  show  or  send  by  registered  mail  to  the  clerk  of 
such  other  county  his  certificate  of  registration.  If  such 
certificate  clearly  show  that  the  original  registration  was  of 
an  authority  issued  under  seal  by  the  regents,  or  if  the  cer- 
tificate itself  is  endorsed  by  the  regents  as  entitled  to  registra- 
tion, the  clerk  shall  thereupon  register  the  applicant  in  the 
latter  county,  on  receipt  of  a  fee  of  twenty-five  cents,  and 
shall  stamp  or  endorse  on  such  certificate  the  date  and 
his  name,  preceded  by  the  words,  "  registered  also  in  .  .  . 
county,"  and  return  the  certificate  to  the  applicant.  Any 
person  who  having  lawfully  registered  as  aforesaid  shall 
thereafter  change  his  name  in  any  lawful  manner  shall 
register  the  new  name  with  a  marginal  note  of  the  former 
name;  and  shall  note  upon  the  margin  of  the  former  registra- 
tion the  fact  of  such  change  and  a  cross-reference  to  the  new 
registration.  A  county  clerk  who  knowingly  shall  make  or 
sufi'er  to  be  made  upon  the  book  of  registry  of  dentists  kept 
in  his  office  any  other  entry  than  is  provided  for  in  this 
section  shall  be  liable  to  a  penalty  of  fifty  dollars  to  be 


304     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

recovered  by  the  State  Dental  Society  in  a  suit  in  any  court 
having  jurisdiction. 

Section  200.  Examination  Fees. — Every  applicant  for  a 
license  to  practise  dentistry  shall  pay  a  fee  of  not  more  than 
twenty-five  dollars.  From  the  fees  provided  by  this  article 
the  regents  may  pay  all  proper  expenses  incurred  by  them 
under  its  provisions,  and  any  surplus  at  the  end  of  any 
academic  year  shall  be  paid  to  the  society  nominating  the 
examiners  to  defray  its  expenses  incurred  under  the  law. 

Section  201.  Revocation  of  Licenses. — If  any  practitioner 
of  dentistry  be  charged  under  oath  before  the  board  with 
unprofessional  or  immoral  conduct,  or  with  gross  ignorance, 
or  inefficiency  in  his  profession,  the  board  shall  notify  him  to 
appear  before  it  at  an  appointed  time  and  place,  with  counsel, 
if  he  so  desires,  to  answer  said  charges,  furnishing  to  him  a 
copy  thereof.  Upon  the  report  of  the  board  that  the  accused 
has  been  guilty  of  unprofessional  or  immoral  conduct,  or  that 
he  is  grossly  ignorant  or  inefficient  in  his  profession,  the  re- 
gents may  suspend  the  person  so  charged  from  the  practice 
of  dentistry  for  a  limited  season,  or  may  revoke  his  license. 
Upon  the  revocation  of  any  license,  the  fact  shall  be  noted 
upon  the  records  of  the  regents  and  the  license  shall  be 
marked  as  cancelled,  of  the  date  of  its  revocation.  Upon 
presentation  of  a  certificate  of  such  cancellation  to  the  clerk 
of  any  county  wherein  the  licentiate  may  be  registered,  said 
clerk  shall  note  the  date  of  cancellation  on  the  register  of 
dentists  and  cancel  the  registration.  A  conviction  of  felony 
shall  forfeit  a  license  to  practise  dentistry,  and  upon  presenta- 
tion to  the  regents  or  county  clerk  by  any  public  officer  or 
officers  of  a  dental  society  of  a  certified  copy  of  a  court  record 
showing  that  a  practitioner  of  dentistry  has  been  convicted 
of  felony,  that  fact  shall  be  noted  upon  the  record  of  license 
and  clerk's  register,  and  the  license  and  registration  shall  be 
marked  "cancelled."  Any  person  who  after  conviction  of  a 
felony  shall  practise  dentistry  in  this  State,  shall  be  subject 
to  all  the  penalties  prescribed  for  unlicensed  practise  of  den- 
tistry, providing  that  if  such  conviction  be  subsequently 
reversed  upon  appeal   and   the  accused   acquitted  or  dis- 


NEW   YORK  305 

charged,  his  license  shall  become  again  operative  from  the 
date  of  such  acquittal  or  discharge. 

Section  202.  Comst ruction  of  this  Article. — This  article 
shall  not  be  construed  to  prohibit  an  unlicensed  person  from 
performing  merely  mechanical  work  upon  inert  matter  in  a 
dental  office  or  laboratory,  or  the  student  of  a  licentiate  from 
assisting  the  latter  in  bis  performance  of  dental  operations 
while  in  the  presence  and  under  the  personal  supervision  of 
his  instructor;  or  a  student  in  an  incorporated  dental  school 
or  college  from  performing  operations  for  purposes  of  clinical 
study  under  the  supervision  and  instruction  of  preceptors; 
or  a  duly  licensed  physician  from  treating  diseases  of  the 
mouth  or  performing  operations  in  oral  surgery.  But  nothing 
in  this  article  shall  be  construed  to  permit  the  performance 
of  independent  dental  operations  by  an  unlicensed  person 
under  cover  of  the  name  of  a  registered  practitioner  or  in 
his  office.  Nor  shall  anything  in  this  article  be  construed 
to  require  of  students  matriculated  in  registered  dental  or 
medical  schools  before  the  first  day  of  January,  1905,  any 
other  or  higher  qualification  for  the  dental  license  or  degree 
than  was  demanded  by  existing  laws  as  interpreted  by  the 
regulations  of  the  regents  at  the  date  of  their  matriculation. 

Section  203.  Penalties. — A.  A  person  who,  in  any  county 
of  this  State,  practises  or  holds  himself  out  to  the  public  as 
practising  dentistry,  not  being  at  the  times  of  said  practice  or 
holding  out,  a  dentist  licensed  to  practise  as  such  in  this 
State  and  registered  in  the  office  of  the  clerk  of  such  county, 
pursuant  to  the  general  laws  regulating  the  practice  of 
dentistry,  is  guilty  of  a  misdemeanor  and  punishable  upon 
conviction  of  a  first  offence  by  a  fine  of  not  less  than  fifty 
dollars,  and  upon  conviction  of  a  subsequent  offence  by  a 
fine  of  not  less  than  one  hundred  dollars,  or  by  imprisonment 
for  not  less  than  two  months  or  by  both  such  fine  and  im- 
prisonment. Any  violation  of  this  section  by  a  person 
theretofore  convicted  under  the  then  existing  laws  of  this 
State  of  practising  dentistry  without  license  or  registration, 
shall  be  included  in  the  term  "a  subsequent  offence."  Every 
conviction  of  unlawful  practice  or  holding  out  subsequent  to 
20 


306     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

a  first  conviction  thereof  shall  be  a  conviction  of  a  second 
offence.  Every  practitioner  of  dentistry  must  display  in  a 
conspicuous  place  upon  the  house  or  in  the  office  wherein  he 
practises  his  full  name.  If  there  are  more  dental  chairs  than 
one  in  any  ofiice  or  dental  parlor  the  name  of  the  practitioner 
must  be  displayed  on  or  by  said  chair  in  plain  sight  of  the 
patient.  Any  person  who  shall  practise  dentistry  without 
displaying  his  name  as  herein  prescribed,  and  any  proprietor, 
owner,  or  manager  of  a  dental  office,  establishment,  or  parlor 
who  shall  fail  so  to  display  or  cause  to  be  displayed  the  name 
of  each  person  employed  as  a  practising  dentist  or  practising 
as  a  dentist  in  said  office,  establishment,  or  parlor,  shall  be 
guilty  of  a  misdemeanor  and  punishable  upon  a  first  con- 
viction by  a  fine  of  fifty  dollars,  and  upon  every  subsequent 
conviction  by  a  fine  of  not  less  than  one  hundred  dollars  or 
by  imprisonment  for  not  less  than  sixty  days,  or  both  fine 
and  imprisonment. 

B.  A  person  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  every  conviction  thereof  shall  be  punished  by  a  fine  of 
not  less  than  two  hundred  and  fifty  dollars,  or  by  imprison- 
ment, for  not  less  than  six  months,  or  by  both  fine  and 
imprisonment,  who 

1 .  Shall  sell  or  barter  or  offer  to  sell  or  barter  any  diploma 
or  document  conferring  or  purporting  to  confer  any  dental 
degree  or  any  certificate  or  transcript  made  or  purporting  to 
be  made  pursuant  to  the  laws  regulating  the  license  and 
registration  of  dentists;  or, 

2.  Shall  purchase  or  procure  by  barter  any  such  diploma, 
certificate,  or  transcript  with  intent  that  the  same  shall  be 
used  as  evidence  of  the  qualifications  to  practise  dentistry  of 
any  person  other  than  the  one  upon  whom  it  was  lawfully 
conferred  or  in  fraud  of  the  laws  regulating  such  practice;  or, 

3.  Shall  with  fraudulent  intent,  alter  in  a  material  regard 
any  such  diploma,  certificate,  or  transcript;  or, 

4.  Shall  use  or  attempt  to  use  any  such  diploma,  certificate, 
or  transcript  which  has  been  purchased,  fraudulently  issued, 
counterfeited  or  materially  altered  either  as  a  license  or 
color  of  license  to  practise  dentistry  or  in  order  to  procure 
registration  as  a  dentist;  or, 


NEW  YORK  307 

5.  Shall  practise  dentistry  under  a  false  or  assumed  name; 
or, 

6.  Shall  assume  the  degree  of  Bachelor  of  Dental  Surgery, 
Doctor  of  Dental  Surgery,  or  Master  of  Dental  Surgery,  or 
shall  append  the  letters  B.  D.  S.,  D.  D.  S.,  M.  D.  S.,  to  his 
name,  not  having  had  duly  conferred  upon  him  by  diploma 
from  some  college,  school,  or  Board  of  Examiners  legally 
empowered  to  confer  the  same,  the  right  to  assume  said  titles ; 
or  shall  assume  any  title  or  append  or  prefix  any  letters  to  his 
name  with  the  intent  to  represent  falsely  that  he  has  received 
a  medical  or  dental  degree  or  license ;  or, 

7.  Shall  falsely  personate  another  at  any  examination, 
held  by  the  regents  or  by  the  board,  of  the  preliminary  or 
professional  education  of  candidates  for  dental  students' 
certificates,  dental  degrees  or  licenses,  or  who  shall  induce 
another  to  make  or  aid  and  abet  in  the  making  of  such  false 
personation,  or  who  shall  knowingly  avail  himself  of  the 
benefit  of  such  false  personation,  or  who  shall  knowingly  or 
negligently  make  falsely  any  certificate  required  by  the 
regents  or  board  in  connection  with  their  examinations. 

C.  Any  person  who  in  any  affidavit  or  examination  re- 
quired of  an  applicant  for  examination,  license,  or  registra- 
tion under  the  laws  regulating  the  practice  of  dentistry,  or 
under  the  laws,  ordinances,  or  regulations  governing  the 
regents'  examinations  of  the  preliminary  education  required 
for  a  dental  student's  certificate  shall  make  wilfully  a  false 
statement  in  a  material  regard  shall  be  guilty  of  perjury,  and 
punishable  upon  conviction  thereof  b}'  imprisonment  not 
exceeding  ten  years. 

D.  All  courts  of  special  sessions  and  police  justices  sitting 
as  courts  of  special  sessions  shall  have  jurisdiction  in  the  first 
instance  to  hear  and  determine  all  charges  of  misdemeanors 
mentioned  in  this  article  committed  within  their  local  juris- 
diction, and  to  impose  all  the  penalties  provided  for  misde- 
meanors in  this  article:  Provided,  however,  That  the  power 
of  said  courts  and  justices  to  hear  and  determine  such  charges 
shall  be  divested,  if  before  the  commencement  of  a  trial  before 
such  court  of  justice,  a  grand  jury  shall  present  an  indictment 


308     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

against  the  accused  person  for  the  same  offence,  or  if  a  justice 
of  the  supreme  court  or  a  county  judge  of  the  county  shall 
grant  a  certificate  in  the  manner  provided  by  law  in  cases 
of  misdemeanor,  that  it  is  reasonable  that  such  charge  be 
prosecuted  by  indictment. 

E.  All  fines,  penalties,  and  forfeitures  of  bail  imposed  or 
collected  on  account  of  violations  of  the  laws  regulating  the 
practice  of  dentistry  must  be  paid  to  the  State  Dental 
Society.  Said  society  may  prefer  complaints  for  violations 
of  the  law  regulating  the  practice  of  dentistry  before  any 
court,  tribunal,  or  magistrate  having  jurisdiction  thereof  and 
may  by  its  officers,  counsel,  and  agents  aid  in  presenting  the 
law  and  the  facts  before  such  court,  tribunal,  or  magistrate 
in  any  proceeding  instituted  by  it. 

NORTH  CAROLINA 

Revisal  of  1905,  Chap.  95,  sections  4463-4470. 

Sections  4463-4465.  Board  of  Examiners;  Meetings; 
Quorum,  etc. 

Section  4466.  Board  to  Keep  Record  of  Those  Licensed. — 
Such  board  shall  keep  a  book  in  which  shall  be  entered  the 
names  and  proficiency  of  all  persons  to  whom  certificates  may 
be  granted  under  this  chapter,  and  the  date  of  granting  such 
certificate,  and  the  book  so  provided  shall  be  deemed  a  book 
of  record,  and  a  transcript  of  any  such  entry  therein,  certified 
to  under  the  hand  of  the  secretary  and  seal  of  the  North 
Carolina  Dental  Society,  shall  be  admitted  as  evidence  in  any 
court  when  the  same  shall  be  otherwise  competent. 

Section  4467.  (As  amended  1911,  March  7,  p.  302.) 
Board  Grants  Certificate  to  Practise,  When. — Such  board  shall 
grant  a  certificate  of  proficiency  in  the  knowledge  and 
practise  of  dentistry  to  all  applicants  who  shall  undergo  a 
satisfactory  examination,  and  who  shall  receive  a  majority 
of  votes  of  said  board  upon  such  proficiency,  which  certificate 
shall  be  signed  by  the  members  of  the  board  conducting  said 
examination,  and  shall  bear  the  seal  of  the  said  North 
Carolina  Dental  Society:    Provided,  Any  person  wishing  to 


NORTH  CAROLINA  309 

engage  in  the  practice  of  dentistry  at  any  time  prior  to  the 
regular  meeting  of  said  board  may  be  examined  by  any  one 
member  of  said  board,  and  if  competent  may  receive  a  tem- 
porary certificate,  which  shall  be  in  force  only  until  the  next 
regular  meeting,  and  no  member  of  said  board  shall  grant  a 
temporary  certificate  a  second  time  to  the  same  person.  The 
Board  of  Examiners  created  by  section  4463  of  the  Ilevisal 
of  1905  for  the  examination  of  those  desiring  to  obtain  a 
certificate  to  engage  in  the  practice  of  dentistry  may  refuse 
to  grant  a  license  to  any  person  guilty  of  felony  or  gross 
immorality,  or  who  is  addicted  to  the  use  of  alcoholic  liquors 
or  narcotic  drugs  to  such  an  extent  as  to  render  him  unfit  to 
practise  dentistry;  and  the  Board  of  Dental  Examiners  may, 
after  due  notice  and  hearing,  revoke  a  license  for  like  cause 
or  any  license  which  has  been  procured  by  fraud,  or  any 
license  issued  to  a  person  who  shall  upon  notice  and  hearing 
be  proved  to  the  satisfaction  of  two-thirds  of  the  members 
of  the  Board  of  Examiners  to  be  incompetent  to  practise 
dentistry;  and  any  license  or  permits  obtained  through  fraud 
or  by  any  fraudulent  or  false  representation  shall  be  void 
and  of  no  effect. 

Section  4468.  Must  Obtain  Licence  to  Practise.  —  No 
person  shall  engage  in  the  practise  of  dentistry  who  has  not 
graduated  at  a  reputable  dental  school  and  who  has  not  ob- 
tained a  certificate  from  a  Board  of  Examiners  duly  author- 
ized and  appointed  in  accordance  with  this  chapter.  The 
certificate  shall  be  registered  in  the  office  of  the  clerk  of  the 
superior  court  of  the  county  in  which  such  person  proposes 
to  practise.  The  failure  on  the  part  of  any  person  holding 
such  certificate  to  register  the  same  as  above  directed  for  a 
period  of  six  months  shall  work  a  forfeiture  of  the  certificate ; 
no  certificate  when  once  forfeited  shall  be  restored,  except 
upon  the  payment  to  said  Board  of  Examiners  of  the  sum  of 
twenty-five  dollars  as  a  penalty  for  such  failure;  such  penalty 
to  go  to  the  school  fund  of  the  county.  The  clerk's  fee  for 
recording  such  certificate  shall  be  fifty  cents. 

Section  4469.  Fees  Charged  for  License. — In  order  to 
provide  means  for  carrying  out  and  maintaining  the  provi- 


310     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

sions  of  this  chapter  such  board  of  examiners  may  charge  a 
fee  of  ten  dollars  for  each  person  applying  for  a  certificate, 
temporary  or  permanent,  which  in  no  case  shall  be  returned, 
and  the  funds  so  derived  shall  be  placed  in  the  hands  of  the 
secretary  to  be  used  in  defraying  the  necessary  expenses  in 
conducting  the  meetings  of  said  board,  and  under  no  circum- 
stances shall  any  part  of  such  expense  come  out  of  the 
treasury  of  the  State. 

Section  4470.  (As  amended  1907,  February  27,  p.  621.) 
Certain  Persons  Exempted. — This  chapter  shall  not  apply  to 
any  person  who  was  engaged  in  the  practice  of  dentistry  in 
this  State  before  the  7th  day  of  March,  1879,  if  on  or  before 
the  25th  day  of  February,  1890,  such  person  filed  a  verified 
statement  with  the  secretary  of  the  Board  of  Examiners 
appointed  by  the  State  Dental  Association  showing  his  name, 
residence,  date  of  diploma  or  license,  and  date  of  commencing 
the  practice  of  dentistry.  This  subchapter  shall  not  prevent 
anyone  from  extracting  teeth. 

A  duly  licensed  dentist  under  said  chapter  95  of  Vol.  II  of 
the  Revisal  of  1905  is  a  surgeon  limiting  his  practice  to  dis- 
eases of  the  teeth  and  such  other  diseases  of  the  adjacent 
parts  as  may  be  dependent  upon  or  associated  with  said 
diseases  of  the  teeth,  and  who  shall  have  the  same  right  to 
prescribe  drugs  or  medicines  or  perform  such  surgical  opera- 
tions as  may  be  necessary  to  the  proper  treatment  of  the 
special  class  of  diseases  mentioned  in  this  section  as  is  now 
enjoyed  by  registered  physicians. 

Revisal  of  1905,  Vol.  I. 

Section  3642.  (As  amended  1907,  February  27,  p.  622.) 
Dentistry;  Practising  without  a  License.- — If  any  person 
shall  practise  dentistry,  except  extracting  teeth,  without 
having  first  passed  the  examination  and  obtained  the  certifi- 
cate provided  by  law,  he  shall  be  guilty  of  a  misdemeanor 
and  fined  twenty-five  dollars:  Provided,  That  if  any  person 
shall,  after  having  been  once  convicted  of  practising  dentistry 
contrary  to  the  provisions  of  said  section  3642,  practise 
dentistry  in  violation  of  the  provisions  of  said  section  3642, 


NORTH  DAKOTA  311 

upon  conviction  thereof,  for  the  second  offence  and  each 
succeeding  offence,  he  shall  be  guilty  of  a  misdemeanor  and 
shall  be  fined  and  imprisoned,  in  the  discretion  of  the  court. 
Provided,  Any  person  so  convicted  shall  not  be  entitled  to 
sue  for  or  recover  any  fee  or  charge  for  dental  service  in  any 
court,  and  any  sum  of  money  paid  to  a  person  so  convicted 
for  dental  services  rendered  may  be  recovered  by  the  person 
so  paying  the  same,  or  his  legal  representative:  Provided, 
further.  No  one  applying  for  a  license  to  practise  dentistry 
shall  be  denied  such  license  on  account  of  race,  color,  or 
previous  condition  of  servitude. 


NORTH  DAKOTA 

Revised  Code  of  1905. 

Section  313.  Who  May  Practise;  License. — It  shall  not 
be  lawful  for  any  person  to  practise  dentistry  in  this  State 
without  having  a  license  to  so  do  from  the  Board  of  Dental 
Examiners. 

Section  314  and  315.  Creation  of  Board. — Power  to  Make 
Rules;  Officers;  Records,  etc. 

Section  316.  Certificate  of  Registration;  Fee. — It  shall  be 
the  duty  of  each  person  licensed  by  the  board  to  practise 
dentistry  in  this  State  to  procure  from  the  secretary  of  the 
board,  on  or  before  July  1,  annually,  a  certificate  of  regis- 
tration. Such  certificate  shall  be  issued  by  the  secretary 
upon  payment  of  a  fee  to  be  fixed  by  the  board,  not  exceeding 
the  sum  of  two  dollars.  All  certificates  so  issued  shall  be 
prima  facie  evidence  of  the  right  of  the  holder  to  practise 
dentistry  in  this  State  during  the  time  for  which  they  were 
issued.  Any  certificate  or  license  granted  by  the  board  may 
be  revoked  by  it  upon  conviction  of  the  party  holding  it  of  a 
violation  of  any  of  the  provisions  of  this  article.  Every 
person  receiving  such  certificate  shall  conspicuously  expose 
the  same  in  his  place  of  business. 

Section  317.  Examinatioji  and  Qualification  of  Practi- 
tioners.— Any  person  desiring  to  begin  the  practice  of  den- 


312     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

tistry  in  this  State  must  in  order  to  be  eligible  for  examination 
furnish  to  the  board  satisfactory  evidence  that  he  has  been 
engaged  in  the  practice  of  dentistry  for  at  least  three  years 
immediately  preceding  such  examination,  or  that  he  has 
pursued  the  study  of  dentistry  in  the  office  or  under  the 
supervision  of  a  regularly  practising  dentist  for  such  period. 
He  shall  be  examined  by  the  board  with  reference  to  his 
knowledge  and  skill  in  dentistry,  and  if  upon  such  examina- 
tion such  person  is  found  in  the  judgment  of  said  board  to 
possess  suitable  qualifications  to  practise  dentistry,  and,  if 
the  board  is  satisfied  that  the  applicant  has  a  good  moral 
character,  it  shall  issue  to  such  applicant  a  license  to  practise 
dentistry  in  accordance  with  the  provisions  of  this  article; 
provided,  that  any  person  desiring  to  commence  the  practice 
of  dentistry  in  this  State  and  having  a  diploma  issued  by  any 
reputable  dental  college  or  dental  department  of  any  uni- 
versity shall,  in  person,  present  the  same  to  the  State  Board 
of  Examiners,  and  the  board  being  satisfied  as  to  the  genuine- 
ness of  the  diploma,  may  without  examination  issue  a  license 
to  such  person  to  practise  dentistry  in  this  State  on  payment 
of  the  license  fee  hereinafter  provided  for.  All  licenses 
issued  by  the  board  shall  be  signed  by  the  several  members 
thereof  and  be  attested  by  its  president  and  secretary  under 
the  seal  of  the  board. 

Section  318.  Who  Regarded  as  PracHsing  Dentistry. — A 
person  shall  be  deemed  to  be  practising  dentistry  within  the 
meaning  of  this  article,  who  shall  perform  operations  or  parts 
of  operations  of  any  kind  or  treat  diseases  or  lesions  of  the 
human  tooth  or  jaw  or  correct  malpositions  thereof.  But 
nothing  in  this  article  contained  shall  be  so  construed  as  to 
apply  to  acts  of  bona  fide  students  of  dentistry  done  in  the 
pursuit  of  clinical  advantages  under  the  direct  supervision 
of  a  preceptor  or  a  licensed  dentist  in  this  State  during  the 
period  of  their  enrolment  in  a  dental  college  and  attendance 
upon  a  regular  course  in  such  college,  or  to  prevent  any 
legally  qualified  resident  physician  and  surgeon  from  extract- 
ing teeth.  Of  to  prevent  any  person  from  using  any  domestic 
remedy  or  other  means  for  the  relief  of  pain. 


NORTH  DAKOTA  313 

Section  319.  Fee  for  Examinafion;  Annual  Report,  etc. — 
The  Board  of  Dental  Examiners  may  require  each  person 
applying  to  it  for  examination  to  pay  a  fee  not  exceeding  ten 
dollars,  which  shall  in  no  case  be  returned.  If  the  applicant 
shall  receive  a  license  to  practise,  he  shall  thereupon  pay  the 
further  sum  of  five  dollars,  which  shall  also  entitle  him  to 
receive  a  certificate  of  registration  for  the  current  or  registra- 
tion year  in  which  such  license  is  issued.  Thereafter  he  shall 
annually  obtain  a  certificate  as  hereinbefore  provided.  Out 
of  the  funds  received  by  the  board  each  member  may  be  paid 
the  sum  of  five  dollars  for  each  day  actually  engaged  in  the 
duties  of  his  office,  and  four  cents  per  mile  for  the  distance 
necessarily  travelled  in  going  to  or  returning  from  meetings 
of  the  board.  Such  expenses  shall  be  paid  from  the  fees 
received  by  the  board  under  the  provisions  of  this  article,  and 
no  part  of  the  salary  or  other  expenses  of  the  board,  except 
the  printing  of  the  annual  report,  shall  be  paid  out  of  the 
State  treasury.  All  moneys  remaining  after  the  payment  of 
such  per  diem  allowance  and  mileage  as  above  provided  for 
shall  be  held  by  the  secretary  as  a  special  fund  for  defraying 
the  expenses  of  the  board  in  carrying  out  the  provisions  of 
this  article.  The  secretary  shall  give  a  bond  in  such  sum 
and  with  such  conditions  as  the  board  may  from  time  to 
time  direct.  The  board  shall  make  an  annual  report  of  its 
proceedings  to  the  governor  on  or  before  the  fifteenth  day 
of  November  of  each  year,  which  report  shall  contain  an 
account  of  all  moneys  received  and  disbursed  by  the  board 
during  the  preceding  year. 

Section  320.  Penalty  for  Violation  of  this  Article. — Any 
person  violating  any  of  the  provisions  of  this  article  is  guilty 
of  a  misdemeanor  and  upon  conviction  thereof  is  punishable 
by  a  fine,  not  exceeding  three  hundred  dollars,  or  by  impris- 
onment in  the  county  jail,  not  exceeding  sixty  days,  or  by 
both. 

Section  321.  Penalty  for  False  Pretence. — Any  person 
who  shall  knowingly  or  falsely  claim  or  pretend  to  have  or 
hold  a  certificate  of  registration,  diploma,  or  degree  granted 
by  a  society  or  by  the  Board  of  Dental  Examiners,  or  who 


314     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

shall  falsely  and  with  intent  to  deceive  the  public  claim  or 
pretend  to  be  a  graduate  from  any  dental  college,  not  being 
such  graduate,  is  guilty  of  a  misdemeanor,  and  upon  convic- 
tion is  punishable  as  provided  in  section  320. 

Section  322.  Penalty  for  Practising  under  a  False  Name, 
etc. — ^Any  person  who  shall  be  licensed  under  the  provisions 
of  this  article  and  who  shall  practise  dentistry  under  a  false 
name  with  intent  to  deceive  shall  be  liable  to  have  his  license 
revoked  upon  twenty  days'  notice  of  such  proposed  revoca- 
tion and  of  the  time  and  place  of  considering  such  revocation 
by  the  State  Board  of  Dental  Examiners.  Any  person  who 
after  the  revocation  of  his  license  continues  to  practise 
dentistry  in  this  State  is  guilty  of  a  misdemeanor  and  upon 
conviction  thereof  is  punishable  as  provided  in  section  320. 


OHIO 

1908,  April  7,  p.  66. 

Sections  1  to  7.  State  Dental  Board;  Term;  Meetings; 
Rules  and  Regulations;  Compensation;  Official  Seal;  Pubhc 
Record,  etc. 

Section  8.  Unless  legally  qualified  prior  to  the  passage  of 
this  act,  no  person  shall  practise  dentistry  in  this  State  until 
he  has  obtained  a  license  from  the  State  Dental  Board  as 
hereinafter  provided. 

Section  9.  Each  person  who  desires  to  practise  dentistry 
within  this  State  shall  file  with  the  secretary  of  the  State 
Dental  Board  a  written  application  for  a  license  and  furnish 
satisfactory  proof  that  he  is  at  least  twenty-one  years  of  age, 
of  good  moral  character,  and  present  evidence  satisfactory 
to  the  board  that  he  is  a  graduate  of  a  reputable  dental 
college,  as  defined  by  the  board.  Such  appHcation  must  be 
upon  the  form  prescribed  by  the  board  and  verified  by  oath. 

Section  10.  An  applicant  for  a  license  to  practise  den- 
tistry shall  appear  before  the  State  Dental  Board  at  its  first 
meeting  after  the  filing  of  his  application,  and  pass  a  satis- 
factory examination,  consisting  of  practical  demonstrations 


OHIO  315 

and  written  or  oral  tests,  or  both,  in  the  following  subjects: 
Anatomy,  physiology,  chemistry,  materia  medica,  thera- 
peutics, metallurgy,  histology,  pathology,  bacteriology, 
prosthetics,  operative  dentistry,  oral  surgerj^  anesthetics, 
orthodontia,  and  oral  hygiene. 

Section  11.  If  such  applicant  passes  the  examination,  he 
shall  receive  a  license  from  the  State  Dental  Board  attested 
by  its  seal  and  signed  by  the  president  and  secretary,  which 
shall  be  conclusive  evidence  of  his  right  to  practise  dentistry 
in  this  State.  If  the  loss  of  a  license  is  satisfactorily  shown, 
a  duplicate  thereof  shall  be  issued  by  the  board. 

Section  12.  The  State  Dental  Board  may  issue  a  license 
without  examination  to  an  applicant  who  furnishes  satis- 
factory proof  that  he  is  a  graduate  from  a  reputable  dental 
college  of  a  State,  Territory,  or  district  of  the  United  States, 
and  holds  a  license  from  a  similar  dental  board,  under  re- 
quirements equal  to  those  of  this  State,  or  who,  for  five 
consecutive  years  next  prior  to  filing  his  application,  has 
been  in  the  legal  and  reputable  practice  of  dentistry  in  a 
State,  Territory,  or  district  of  the  United  States  and  holds  a 
license  from  a  similar  dental  board  thereof,  if  in  either  case 
the  laws  of  such  State,  Territory,  or  district  accord  equal 
rights  to  a  dentist  of  Ohio  holding  a  license  from  the  State 
Dental  Board,  who  removes  to,  resides  and  desires  to  practise 
his  profession  in,  such  State,  Territory  or  district.  No  license 
shall  be  issued  under  this  section  unless  authorized  by  an 
affirmative  vote  of  all  the  members  of  the  board  present  at 
such  meeting. 

Section  13.  The  State  Dental  Board  may  revoke  a  license 
obtained  by  fraud  or  misrepresentation,  or  if  the  person 
named  therein  uses  intoxicants  or  drugs  to  such  a  degree  as 
to  render  him  unfit  to  practise  dentistry,  is  guilty  of  immoral 
conduct,  or  has  been  convicted  of  a  felony  subsequent  to  the 
date  of  his  license.  If  such  conviction  is  vacated,  reversed, 
or  set  aside,  or  the  accused  pardoned,  his  license  shall  be 
operative  from  the  date  of  the  vacation,  reversal,  or  pardon. 

Section  14.  No  action  to  revoke  a  license  shall  be  taken 
until  the  accused  has  been  furnished  a  statement  of  the 


316     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

charges  against  him  and  notice  of  the  time  and  place  of  a 
hearing  thereof.  The  accused  may  be  present  at  the  hearing 
in  person,  by  counsel,  or  both.  The  statement  of  charges 
and  notice  may  be  served  personally  upon  such  person  or 
mailed  to  him  at  his  last  known  address  at  least  twenty  days 
prior  to  the  hearing.  If  upon  such  hearing  the  board  finds 
the  charges  are  true,  it  may  revoke  the  license.  Such  revoca- 
tion shall  take  from  the  person  named  in  a  license  all  rights 
and  privileges  acquired  thereby. 

Section  15.  A  stenographic  report  of  each  proceeding  to 
revoke  a  license  shall  be  made  at  the  expense  of  the  State 
Dental  Board,  and  a  transcript  thereof  kept  on  its  files.  A 
person  whose  license  has  been  revoked  may  file  with  the 
secretary  within  thirty  days  of  the  decision  of  the  board  a 
written  notice  of  appeal  therefrom.  Upon  filing  such  notice 
the  secretary  shall  transmit  to  the  governor  and  attorney- 
general  the  record  of  such  proceedings.  Such  officers  shall 
review  the  proceedings  as  disclosed  by  the  record  and  their 
decision  affirming  or  overruling  the  action  of  the  board  shall 
be  final. 

Section  16.  An  applicant  for  a  license  to  practise  den- 
tistry in  this  State  shall  pay  to  the  secretary  of  the  State 
Dental  Board  the  following  fee: 

An  applicant  for  a  license  granted  upon  examination, 
twenty-five  dollars.  Such  fee  shall  not  be  refunded  unless 
the  applicant  is  unavoidably  prevented  from  attending  the 
examination,  but  he  may  be  examined  at  the  next  regular 
or  special  meeting  of  the  board  without  additional  fee. 

An  applicant  failing  at  first  examination  may  be  reexamined 
at  the  next  regular  or  special  meeting  of  the  board  without  an 
additional  fee. 

An  applicant  for  a  license  without  examination,  with 
license  from  a  board  other  than  of  this  State,  twenty-five 
dollars. 

An  applicant  for  a  duplicate  license  granted  upon  proof  of 
loss  of  the  original,  five  dollars. 

Section  17.  Whoever  engages  in  the  practice  of  dentistry 
in  this  State  shall  keep  his  license  displayed  in  a  conspicuous 


OHIO  317 

place  in  the  operating  room,  or  rooms  in  which  he  practises, 
in  such  manner  as  to  be  easily  seen  and  read. 

Section  18.  A  person  shall  be  regarded  as  practising  den- 
tistry who  is  manager,  proprietor,  operator,  or  conductor  of 
a  place  for  performing  dental  operations,  or  who,  for  a  fee, 
salary,  or  other  reward  paid  or  to  be  paid  either  to  himself  or 
to  another  person  performs  dental  operations  of  any  kind, 
treats  diseases  or  lesions  of  human  teeth  or  jaws,  or  attempts 
to  correct  malpositions  thereof,  or  who  uses  the  words 
''dentist,"  "dental  surgeon,"  the  letters  "D.  D.S."  or  other 
letters  or  title  in  connection  with  his  name,  which  in  any  way 
represents  him  as  being  engaged  in  the  practice  of  dentistry. 

Section  19.  Nothing  in  this  act  applies  to  a  bona  fide 
student  of  dentistry  in  the  clinic  room  of  a  reputable  dental 
college  or  under  the  direct  supervision  of  a  preceptor  who  is 
a  licensed  dentist  in  this  State,  during  the  regular  vacation 
intervals  of  a  college  course,  if  he  has  matriculated  and  is 
pursuing  consecutive  courses  of  study  in  a  reputable  dental 
college. 

Section  20.  Nothing  in  this  act  applies  to  a  legally  quali- 
fied physician  or  surgeon  unless  he  practises  dentistry  as  a 
specialty,  or  to  a  dental  surgeon  of  the  United  States  army  or 
nav}^ ;  or  to  a  legal  practitioner  of  dentistry  of  another  State, 
making  a  clinical  demonstration  before  a  dents  1  society, 
convention,  association  of  dentists  or  dental  college. 

Section  21.  Whoever  sells  or  offers  to  sell  a  diploma  con- 
ferring a  dental  degree,  or  license  granted  pursuant  to  the 
laws  of  this  Sfate;  or  who  procures  such  diploma  or  license 
with  intent  that  it  shall  be  used  as  evidence  of  the  right  to 
practise  dentistry  by  a  person  other  than  the  one  upon  whom 
such  diploma  was'  conferred,  or  to  whom  such  license  was 
granted;  or  who  with  fraudulent  intent  alters  such  diploma 
or  license,  or  I'lses  or  attempt?  to  use  the  same  when  altered, 
shall  be  fined  not  less  than  one  hundred  dollars,  nor  more 
than  two  hundred  dollars,  or  be  imprisoned  not  less  than 
thirty  days  nor  more  than  sixty  da^'s,  or  both.  A  subsequent 
conviction  shall  be  punished  by  the  maximum  penalties 
prescribed  in  this  section. 


318     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  22.  Whoever  being  a  manager,  proprietor, 
operator,  or  conductor  of  a  place  for  performing  dental  opera- 
tions employs  a  person  who  is  not  a  licensed  dentist  to  do 
dental  operations  as  defined  in  section  18  of  this  act,  or 
permits  such  person  to  so  practise  dentistry  in  his  office;  or 
whoever  practises  dentistry  under  a  false  name,  or  assumes 
a  title,  or  appends  or  prefixes  to  his  name,  letters  which 
falsely  represent  him  as  having  a  degree  from  a  legal  dental 
college;  or  who  impersonates  another  at  an  examination  held 
by  the  State  Dental  Board;  or  who  knowingly  makes  a  false 
application  or  a  false  representation  in  connection  with  such 
examination,  shall  be  fined  not  less  than  one  hundred  dollars, 
nor  more  than  two  hundred  dollars,  or  be  imprisoned  not 
less  than  thirty  days  nor  more  than  sixty  days,  or  both.  A 
subsequent  conviction  shall  be  punished  by  the  maximum 
penalties  prescribed  in  this  section. 

Section  23.  Whoever  violates  a  provision  of  this  act,  for 
the  violation  of  which  no  penalty  has  been  prescribed,  shall 
be  fined  not  less  than  fifty  dollars  nor  more  than  one  hundred 
dollars  or  be  imprisoned  not  less  than  ten  days  nor  more 
than  thirty  days,  or  both.  A  subsequent  conviction  shall  be 
punished  by  the  maximum  penalties  prescribed  in  this  act. 

Section  24.  All  fines  or  forfeitures  of  bond  in  an  action 
for  violation  of  a  provision  of  law  relating  to  the  practice 
of  dentistry,  shall  be  paid  by  the  court  receiving  it,  to  the 
secretary  of  the  State  Dental  Board. 

Section  25."  The  secretary  of  the  State  Dental  Board 
shall  enforce  the  provisions  of  the  laws  relating  to  the  practice 
of  dentistry.  The  prosecuting  attorney  of  a  county,  or  the 
solicitor  of  a  municipality,  wherein  a  provision  of  this  act  is 
violated  shall,  when  so  requested  by  the  secretary  of  the 
board,  take  charge  of  and  conduct  the  prosecution. 

Section  26.  The  State  Dental  Board  shall  make  an  annual 
report  to  the  Governor,  containing  a  statement  of  moneys 
received  and  disbursed,  and  a  summary  of  its  official  acts 
during  the  preceding  year. 

Section  27.  Sections  4404  and  6991  of  the  Revised 
Statutes  are  hereby  repealed. 


OKLAHOMA  319 


OKLAHOMA 

1905,  June  1,  Session  Laws,  p.  210. 

Sections  1  and  2.    Creation  of  Board,  Meetings,  etc. 

Section  3.  Any  person  twenty-one  years  old  who  may 
desire  to  begin  the  practice  of  dentistry  in  the  Territory  of 
Oklahoma  shall  file  his  name,  together  with  an  application, 
with  the  secretary  of  the  board.  At  the  time  of  making  such 
application,  he  shall  pay,  to  the  secretary  of  the  board,  an 
application  and  examination  fee  of  twenty-five  dollars.  He 
shall  present  himself  at  the  next  regular  meeting  thereafter 
of  the  board,  to  undergo  an  examination  before  that  body. 
All  persons  shall  be  eligible  to  such  examination.  The  exami- 
nation shall  be  elementary  and  practical  in  character  but 
sufficiently  thorough  to  test  the  fitness  of  the  candidate  to 
practise  dentistry.  All  persons  successfullj^  passing  such 
examination  shall  be  registered  as  licensed  dentists  in  the 
board  register,  also  in  the  office  of  the  county  clerk,  as  pro- 
vided hereinbelow.  He  shall  receive  a  certificate  of  registra- 
tion, which  certificate  must  be  signed  by  a  majority  of  the 
board.  The  provisions  of  this  section  shall  not  apply  to 
residents  of  this  territory  who  now  hold  valid  and  legal 
license  to  practise  dentistry  in  this  territory,  and  such  persons 
shall  not  be  required  to  submit  to  any  further  test  or  examina- 
tion. The  examination  fee  shall  in  no  case  be  refunded;  but 
in  case  the  applicant  fails  in  the  first  examination  taken  by 
him,  he  may  take  subsequent  examinations  for  license  to 
practise  dentistry,  the  fee  for  such  subsequent  examinations 
shall  be  five  dollars. 

Section  4.  Each  recipient  of  said  certificate  of  registra- 
tion shall  present  the  same  for  record  to  the  count}^  clerk  in 
the  county  in  which  he  resides  and  practises  dentistry.  The 
county  clerk  shall  record  the  certificate  in  a  book  to  be 
provided  by  him  for  that  purpose.  Any  person  so  licensed, 
changing  his  residence  from  one  county  to  another  in  this 
Territory,  before  engaging  in  the  practice  of  dentistry  in  such 
other  county,  shall  obtain  from  the  county  clerk  of  the  county 


320     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

in  which  his  certificate  of  registration  was  originally  recorded, 
a  certified  copy  of  such  record,  and  shall  before  commencing 
to  practise  in  such  other  county,  file  the  same  to  be  recorded 
with  the  county  clerk  of  the  county  to  which  he  removes. 
In  case  of  failure,  neglect,  or  refusal  on  the  part  of  any  person 
holding  such  certificate  or  copy  of  record  to  file  the  same  for 
record,  as  above  provided,  within  six  months  after  the 
issuance  thereof,  such  certificate  or  copy  of  record  shall  be 
deemed  to  be  forfeited.  For  recording  such  certificate  of 
registration  or  copies  of  records,  the  county  clerk  shall  be 
entitled  to  a  fee  of  fifty  cents.  For  making  and  certifying  a 
copy  of  any  certificate,  the  county  clerk  shall  be  entitled  to 
the  fee  of  one  dollar.  The  provisions  of  this  section  shall 
apply  so  far  as  applicable  to  all  those  who  may  have  been 
admitted  to  practise  dentistry  under  existing  laws :  Provided, 
Such  persons  shall  have  a  period  of  six  months  after  the  taking 
effect  of  this  law  within  which  to  comply  with  its  provisions. 

Section  5.  Any  person  who  shall  practise  or  attempt  to 
practise  dentistry,  or  who  shall  hold  himself  out  as  a  prac- 
titioner of  dentistry  within  the  territory  of  Oklahoma, 
without  having  complied  in  every  respect  with  all  the  pro- 
visions of  this  law,  or  any  person  who  shall  violate  any  of 
the  provisions  of  this  act,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  may  be  fined  not 
less  than  fifty  dollars  nor  more  than  two  hundred  dollars,  or 
be  imprisoned  in  the  county  jail  not  less  than  one  month, 
nor  more  than  three  months,  or  may  be  punished  by  both 
such  fine  and  imprisonment;  and  all  fines  collected  under  the 
provisions  of  this  act,  shall  be  paid  into  the  county  treasury 
of  the  county  where  the  oft'ence  was  committed  and  shall  be 
credited  to  the  common  school  fund  of  such  county:  Pro- 
vided, however,  That  nothing  in  this  act  shall  be  taken  to 
prohibit  legally  authorized  physicians  and  surgeons  within 
the  Territory  of  Oklahoma  from  extracting  teeth. 

Section  6.  Whenever  it  is  found  that  for  any  reason  a 
certificate  of  registration  has  been  granted  by  the  board  to  a 
person  who  under  the  terms  and  provisions  of  this  act  was  not 
entitled  to  the  same,  the  board  shall  have  the  power  to 


OKLAHOMA  321 

summon  said  person  as  before  it  and  hear  evidence  and  make 
inquiry  as  to  whether  said  certificate  was  rightfully  issued 
or  not,  and  if  upon  due  inquiry  it  shall  find  that  such  certifi- 
cate was  not  rightfully  issued  as  contemplated  by  this  act, 
then  the  board  shall  revoke  and  cancel  the  license  to  practise 
dentistry  and  the  certificate  of  registration.  After  such 
revocation  and  cancellation,  if  such  person  practises,  or 
attempts  to  practise  or  holds  himself  out  to  practise  dentistry 
within  the  cerritory  of  Oklahoma,  he  shall  be  subject  to  the 
.penalties  prescribed  by  Section  5  of  this  act. 

Section  7.  Out  of  the  funds  coming  into  the  possession  of 
the  board,  each  member  of  the  board  shall  receive  as  com- 
pensation the  sum  of  five  dollars  per  day  for  each  day  actu- 
ally engaged  in  conducting  examinations  referred  to  in  this 
act  and  matters  connected  therewith,  and  in  addition  shall 
be  entitled  to  a  mileage  at  the  rate  of  three  cents  per  mile  for 
all  distances  necessarily  travelled  in  going  to  and  coming' 
from  meetings  of  said  board  and  shall  be  entitled  as  well  to 
the  legitimate  expenses  incurred  by  him  while  going  to  and 
from  and  attending  meetings  of  the  board.  No  part  of  said 
compensation,  mileage,  or  expenses  shall  be  paid  out  of  the 
territorial  treasury.  All  moneys  received  in  excess  of  the 
compensation,  mileage,  and  expenses  above  provided  for  shall 
be  held  by  the  secretary  of  the  board  as  a  special  fund  for 
meeting  the  expenses  of  the  board  and  carrying  out  the 
provisions  of  this  act.  The  secretary  and  treasurer  shall  give 
such  bonds  as  the  board  shall  from  time  to  time  direct.  The 
board  shall  make  an  annual  report  of  its  proceedings  to  the 
Governor  of  the  territory  not  later  than  the  fifteenth  day  of 
December  of  each  year,  which  report  shall  contain  an  account 
of  all  moneys  received  and  disbursed  by  them  pursuant  to 
this  act. 

Section  8.  Every  person  lawfully  engaged  in  the  practice 
of  dentistry  in  the  Territory  of  Oklahoma  at  the  time  that 
this  law  shall  take  effect,  shall,  within  sixty  days  from  that 
time,  re-register  with  the  secretary'  of  the  board  and  pay  an 
annual  license  fee  of  one  dollar,  and  the  secretary  shall  issue 
an  annual  license  certificate  to  each  person  so  registered. 
21 


322     S TA TUTES  REG ULA  TING  PRA CTICE  OF  DEN TIS TR Y 

Any  person  failing  to  comply  with  the  provisions  of  this 
section  within  the  period  therein  stated  shall  be  subject  to 
the  penalties  provided  by  Section  5  of  this  act. 

Section  9.  Each  registered  dentist  shall  each  and  every 
3^ear  pay  to  the  Territorial  Board  of  Dental  Examiners  the 
sum  of  one  dollar  as  an  annual  license  fee,  this  payment  to 
be  made  prior  to  May  1  of  each  year.  Upon  default  in  the 
payment  of  this  license  fee  by  any  person,  his  certificate  may 
be  revoked  by  the  Board  of  Dental  Examiners  upon  twenty 
days'  notice  to  be  given  to  such  person  of  the  time  and  place 
of  the  considering  of  such  revocation;  but  no  license  shall  be 
revoked  for  the  non-payment  of  any  license  fee,  if  the  person 
so  notified  shall  pay  the  fee  before  or  at  the  time  of  such 
consideration  and  further  pay  such  penalty  as  may  be 
imposed  by  the  board,  which  penalty  shall  not  exceed  the 
sum  of  five  dollars.  The  Territorial  Board  of  Dental  Ex- 
aminers may  collect  all  such  annual  license  fees  by  suit. 

Section  10.  The  county  clerk  of  each  county  shall  furnish 
annually  before  the  first  day  of  December  of  each  year  to  the 
Territorial  Board  of  Dental  Examiners  upon  blanks  to  be 
provided  by  such  board,  a  duplicate  list  of  all  certificates 
received  and  issued  by  him  during  the  preceding  year,  and 
shall  include  therein  the  date  and  issue  of  said  certificate  and 
name,  age,  and  residence  of  person  receiving  the  same. 

Section  11.    Board  may  sue  and  be  sued. 

Section  12.    Property  of  board. 

Section  13.  Repeal  of  Chapter  29  of  the  Revised  Statutes 
of  1903. 

OREGON 

Lord's  Oregon  Laws,  Vol.  II,  p.  1819. 

L.  1899,  p.  204,  as  amended  by  L.  1905,  C.  Ill,  p.  210, 
and  L.  1909,  C.  46  and  47. 

Section  4774.    Board  of  Dental  Examiners. 

Section  4775.    Oath  of  members  of  board. 

Section  4776.  Officers  of  board,  notice  of  meetings, 
quorum. 


OREGON  323 

Section  4777.  Ayylication  for  and  Examination;  Form  of 
License. — Any  person  desiring  to  practise  dentistry  in  the 
State  of  Oregon  after  this  act  takes  effect,  shall  file  his  or  her 
name,  together  with  an  application  for  examination,  with  the 
secretary  of  the  Board  of  Dental  Examiners,  and  at  the  time 
of  making  such  application,  shall  pay  to  the  secretary  of  the 
board  a  fee  of  $25,  and  shall  present  himself  or  herself  at  the 
first  regular  meeting  thereafter  of  said  board,  for  examination 
as  to  his  or  her  fitness  therefor;  and  no  person  shall  be  eligible 
to  practise  the  same  unless  he  or  she  shall  be  shown  to  be  of 
good  moral  character,  and  shall  present  to  said  board  his  or 
her  diploma  from  some  dental  college  in  good  standing,  and 
shall  give  satisfactory  evidence  of  his  or  her  rightful  posses- 
sion of  the  same;  provided  that  said  board  may  admit  to 
examination  such  other  persons  of  good  moral  character  as 
shall  give  satisfactory  evidence  of  having  been  engaged  in 
pupilage  and  in  the  practice  of  dentistry  in  the  State  of 
Oregon  prior  to  the  passage  of  this  original  act.  No  person 
shall  be  permitted  to  apply  for  examination  who  is  not 
twenty-one  years  of  age.  All  dental  colleges  which  are  mem- 
bers of  the  national  association  of  dental  faculties  shall  be 
deemed  reputable  and  in  good  standing.  Said  examination 
shall  be  elementary  and  practical  in  character,  but  sufficiently 
thorough  to  test  the  fitness  of  the  candidate  to  practise 
dentistry.  It  shall  include  written  in  the  English  language, 
questions  on  the  following  subjects:  anatomy,  physiology, 
chemistry,  materia  medica,  therapeutics,  metallurgy,  pathol- 
ogy, operative  and  surgical  dentistry,  and  also  demonstra- 
tions of  their  skill  in  operative  and  mechanical  dentistry. 
Said  examination  shall  be  conducted  under  oath  or  affirma- 
tion before  said  board,  and  either  member  of  said  board  is 
empowered  to  administer  the  necessary  oath  or  affirmation. 
All  persons  successfully  passing  such  examinations  shall  be 
registered  as  licensed  dentists  in  the  board  register,  as  here- 
inbefore provided,  and  also  receive  a  certificate  signed  by  the 
president  and  secretary  of  said  board,  in  substantially  the 
following  form,  to  wit: 

This  is  to  certify  that is  hereby  licensed  to 


324     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

practise  dentistry  in  the  State  of  Oregon.  This  certificate 
must  be  filed  for  record  in  the  office  of  the  county  recorder  of 
any  county  in  which  the  party  holding  such  certificate 
desires  to  practise,  and  it  is  unlawful  for  him  or  her  to 
practise  dentistry  in  any  county  in  which  said  certificate 
is  not  filed  for  record. 

Dated  at this day  of ,19     . 

In  addition  to  the  license  fee  required  of  applicants,  every 
licensed  dentist  shall  pay,  in  each  and  every  year,  to  the 
secretary  of  the  board,  the  sum  of  $1.50  as  a  license  fee  for 
such  year.  Such  payment  shall  be  made  prior  to  April  1  in 
each  and  every  year  and  receipt  or  certificate  given  therefor 
by  the  secretary.  It  shall  be  the  duty  of  every  dentist  to 
display  said  certificate  or  receipt  in  some  conspicuous  place 
in  his  office.  In  case  of  default  in  such  payment  by  any 
dentist,  his  license  shall  be  revoked  by  the  board  upon 
twenty  days'  notice  being  given  to  the  delinquent  of  the 
time  and  place  of  considering  such  revocation,  a  registered 
letter  addressed  to  the  last  known  address  of  the  party  fail- 
ing to  comply  with  this  requirement  being  sufficient  notice. 
But  no  license  shall  be  revoked  for  such  non-payment  if  the 
dentist  so  notified  shall  pay,  before  or  at  the  time  of  such 
consideration,  the  fee  required  and  such  penalty  as  may 
be  imposed  by  said  board,  provided  said  penalty  shall  not 
exceed  ten  dollars :  Provided,  further,  that  said  board  may 
collect  any  such  dues  by  law.  All  moneys  received  by  the 
secretary  from  fees  or  penalties  shall  be  disbursed  by  him  in 
carrying  out  and  maintaining  the  provisions  of  this  act. 

Section  4778.  Effect  of  Certificate;  Filing;  Loss  of  Certifi- 
cate; Second  Examination. — The  certificate  in  this  act  pro- 
vided for  shall  entitle  the  holder  thereof  to  practise  dentistry 
in  any  county  in  the  State  of  Oregon:  Provided,  Such  certi- 
ficate shall  first  be  filed  for  record  in  the  office  of  the  county 
recorder  in  which  such  holder  desires  to  practise,  and  nothing 
herein  contained  shall  be  construed  to  permit  any  holder  of 
any  certificate  to  practise  in  any  county  in  this  State  unless 
such  certificate  shall  have  been  first  recorded  in  the  office  of 
the  recorder  of  such  county  as  herein  i>vo\\de6.:  Provided, 


OREGON  325 

further,  That  any  such  holder  of  a  certificate  may  practise  in 
more  than  one  or  any  number  of  counties  in  this  State  on 
having  such  certificate  recorded  in  each  of  such  counties  in 
which  such  holder  desires  to  practise.  Said  Board  of  Dental 
Examiners  shall  upon  satisfactory  proof  of  the  loss  of  any 
such  certificate  issued  under  the  provisions  of  this  act,  issue 
a  new  certificate  in  place  thereof.  Any  person  failing  to 
pass  the  first  examination  successfully  may  demand  a  second 
examination  at  a  subsequent  meeting  of  said  board,  and  no 
fee  shall  be  charged  for  said  examination. 

Section  4779.  Special  Record  Book,  and  Fee  for  Record- 
ing.— The  county  recorder  of  each  county  is  required  to 
record  in  a  special  book,  to  be  kept  by  him  for  that  purpose, 
all  certificates  issued  under  the  provisions  of  this  act  which 
may  be  presented  to  him  for  that  purpose.  After  the  record 
of  any  such  certificate,  such  county  recorder  shall  return  the 
same  with  a  certificate  of  its  record  to  the  party  entitled  to 
the  same.  Said  county  recorder  shall  receive  for  such  filing 
and  record  a  fee  of  $1. 

Section  4780.  Penalty  for  Practising  withoid  Recording 
Certificate;  Disposition  of  Fines. — Any  person  who,  as  prin- 
cipal, agent,  employer,  employee,  assistant,  or  in  any  manner 
whatever,  shall  practise  dentistry,  or  who  for  reward  or  hire 
shall  do  any  act  of  dentistry,  without  having  filed  for  record 
and  having  recorded  in  the  office  of  the  county  recorder  of 
the  county  wherein  he  shall  so  practise  or  do  such  act  a 
certificate  from  said  Board  of  Dental  Examiners  entitling 
him  to  so  practise,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  in  any  sum  not  less  than  150  nor 
more  than  $200,  or  be  confined  for  any  period  not  exceeding 
six  months  in  the  county  jail,  for  each  and  every  oft'ence. 
All  fines  recovered  under  this  act  shall  be  paid  into  the 
common  school  fund  of  the  county  in  which  conviction  is 
had. 

Section  4781.  Certificate  of  County  Recorder;  When  Prima 
Facie  Evidence  against  Accused.  —  In  any  prosecution  for 
misdemeanor  under  the  provisions  of  this  act  the  certificate 
of  the  countv  recorder  of  the  countv  within  which  such 


326     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

misdemeanor  is  alleged  to  have  been  committed,  to  the  effect 
that  there  is  no  certificate  of  the  Board  of  Dental  Examiners 
of  this  State  on  file  in  such  county  recorder's  office  issued 
under  the  provisions  of  this  act  to  the  person  accused  of  such 
misdemeanor,  shall  be  sufficient  proof,  prima  facie,  that  such 
person  is  not  entitled  to  practise  dentistry  in  such  county. 

Section  4782.  Certificate  Fee;  Board  May  Employ 
Counsel;  Special  Fund. — In  order  to  provide  the  means  for 
carrying  out  and  maintaining  the  provisions  of  this  act,  the 
said  Board  of  Examiners  shall  charge  such  person  applying 
to  or  appearing  before  them  for  examination  for  a  certificate 
of  qualification  the  fee  hereinbefore  provided  for,  which  fee 
shall  in  no  case  be  returned;  and  out  of  the  funds  coming 
into  the  possession  of  the  board  from  the  fees  so  chafged,  the 
sum  of  $5  for  each  day  actually  engaged  in  the  duties  of 
their  office,  and  all  legitimate  and  necessary  expenses  incurred 
in  attending  to  the  duties  of  said  board,  shall  be  paid  to  each 
member  of  said  board.  Said  board  may  also  pay  out  of  said 
fund  all  expenses  which  may  be  reasonably  incurred  by 
them  in  carrying  out  and  maintaining  the  provisions  of  this 
act.  Said  board  may,  if  deemed  best  by  them,  with  the  cour 
sent  of  the  prosecuting  attorney  of  any  county,  employ  and 
compensate  out  of  said  fund  special  counsel  to  assist  in  the 
prosecution  in  the  courts  of  such  county,  and  the  supreme 
court,  of  any  offence  alleged  to  have  been  committed  under 
the  provisions  of  this  act  in  such  county.  Said  expenses 
shall  be  paid  from  the  fees  received  by  the  board  under  the 
provisions  of  this  act;  and  no  part  of  the  salary  or  expenses 
of  said  board  shall  ever  be  paid  out  of  the  State  treasury. 
All  moneys  received  from  any  source  in  excess  of  expenses 
and  salaries  as  above  provided  for  shall  be  held  by  the  secre- 
tary of  said  board  as  a  special  fund  for  meeting  the  expenses 
of  said  board  and  carrying  out  the  provisions  of  this  act,  and 
such  uses  for  educational  purposes  as  may  be  deemed  wise 
by  said  board,  he  giving  such  bond  as  the  board  may  from 
time  to  time  direct;  and  said  board  shall  make  an  annual 
report  of  its  proceedings  to  the  Governor,  on  or  before  the 
fifteenth  day  of  November  of  each  year,  together  with  an 


OREGON  327 

account  of  moneys  received  and  disbursed  by  them  pursuant 
to  this  act. 

Section  4783.  Practising  Dentistry;  What  Constitutes. — 
Any  person  shall  be  considered  to  be  practising  dentistry 
within  the  meaning  of  this  act  who  shall,  for  salary,  reward, 
or  commission,  paid  by  an  employer  to  him,  or  for  fee, 
money,  or  commission  paid  either  to  himself,  an  employer, 
or  any  other  person,  directly  or  indirectly,  for  any  operation 
or  treatment,  or  any  part  of  any  operation  or  treatment,  of 
any  kind,  of  the  human  teeth,  or  tooth,  jaws,  or  jaw,  or  of 
any  disease  or  lesion  of  the  human  teeth,  or  tooth,  jaws,  or 
jaw  or  the  malposition  thereof,  or  drilling  or  filling,  removing 
tartar  from,  cleaning  or  extracting  human  teeth,  or  tooth 
of  any  person.  But  nothing  in  this  act  contained  shall  be 
taken  to  apply  to  bona  fide  students  of  dentistry  in  pursuit 
of  clinical  advantages  during  the  period  of  their  dental 
enrolment  in  a  dental  college,  and  attendance  upon  a  regular, 
uninterrupted  course  in  such  college,  performed  in  such 
college  building,  nor  to  physicians  in  the  regular  discharge 
of  their  duties.  Nor  shall  it  apply  to  those  who  have  been 
engaged  in  the  actual  practice  of  dentistry  in  the  State  of 
Oregon  for  the  five  years  immediately  preceding  January  1, 
1905,  and  upon  proper  proof  by  affidavits  and  other  evidence 
being  furnished  that  the  applicant  has  been  engaged  in  the 
actual  practice  of  dentistry  in  the  State  of  Oregon  during  all 
the  term  of  five  years  immediately  preceding  January  1, 
1905.  It  shall  be  the  duty  of  the  State  Board  of  Dental 
Examiners  to  issue  a  license  to  the  applicant  upon  the  pay- 
ment of  the  regular  examination  fee. 

Section  4784.  Prosecuting  Attorney  and  Attorney 
General  to  Prosecute, 

Section  4785.  Evidence  of  Practice  of  Dentistry. — When- 
ever any  person  shall  append  the  letters  "D.  D.  S."  or 
word  "dentist"  to  his  or  her  name,  in  any  way,  for  adver- 
tising, or  upon  any  door  or  sign,  or  cause  either  of  the  same 
to  be  done,  the  same  shall  be  prima  facie  evidence  that  such 
person  is  engaged  in  the  practice  of  dentistry  and  subject 
to  the  regulations  and  convictions  and  penalties  of  this  act. 


328     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  4786.  Practitioners  at  the  Time  Not  loithin  the 
Act. — The  provisions  of  this  act  shall  not  apply  to  any  person 
who  shall  be  legally  practising  dentistry  in  this  State  at  the 
time  of  the  passage  of  this  act. 


PENNSYLVANIA 

1907,  May  7;  P.  L.  161. 

Section  1.  Dental  Council  of  Pennsylvania.  How  Con- 
stituted.    Rules,  By-laws,  etc. 

Section  2.  The  dental  council  shall  have  power  to  grant 
licenses  to  practise  dentistry  in  this  commonwealth  to  any 
person  who  may  be  duly  qualified  under  the  provisions  of 
this  act. 

Any  person  may  present  to  the  dental  council  a  written 
application  for  a  license  to  practise  dentistry,  together  with 
a  fee  of  twenty-five  dollars,  and  with  proof  that  he  or  she  is 
not  less  than  twenty-one  years  of  age,  is  of  good  moral  char- 
acter, and  has  obtained  a  competent  education,  together 
with  a  diploma  conferring  upon  him  or  her  the  degree  of 
Doctor  of  Dental  Surgery,  or  other  established  dental  degree, 
from  a  reputable  educational  institution  maintaining  a  three 
years'  course  in  dentistry;  thereupon  the  dental  council  may 
authorize  the  examination  of  such  person  by  the  State  Board 
of  Dental  Examiners.  Upon  receiving  from  the  Board  of 
Dental  Examiners  a  report  of  the  examination  for  license  of 
any  applicant  who  shall  have  been  returned  as  having 
successfully  passed  said  examination,  the  dental  council  shall 
issue  to  the  applicant  a  license  to  practise  dentistry  in  the 
State  of  Pennsylvania.  Every  license  to  practise  dentistry, 
issued  pursuant  to  this  act,  shall  be  subscribed  by  the 
oflBcers  of  the  dental  council  and  by  each  dental  examiner 
who  reported  the  applicant  as  having  successfully  passed  an 
examination  such  as  is  provided  by  this  act,  and  said  license 
shall  be  sealed  with  the  seal  of  the  dental  council  of  the 
commonwealth  of  Pennsylvania,  and  shall  be  recorded  in  a 
book  to  be  kept  in  the  office  of  the  dental  council,  and  the 


PENNSYLVANIA  329 

number  of  book  and  page  therein  containing  said  record  shall 
be  noted  upon  said  license.  Upon  the  recommendation  of 
the  Board  of  Dental  Examiners,  the  dental  council  may  also 
issue  a  license,  upon  the  payment  of  a  fee  of  twenty-five 
dollars,  to  any  person  who  is  of  good  moral  character,  and 
who  shall  furnish  proof  that  he  or  she  has  a  license  to  practise 
dentistr}^  granted  by  the  dental  council,  or  other  lawfully 
constituted  authority,  of  any  other  State  or  countrj",  where 
the  preliminary  and  professional  education  required  by  law 
is  equal  to  that  provided  by  the  laws  of  this  commonw^ealth. 

The  dental  council  may  also  license  any  applicant  who  has 
been  in  the  actual,  law^ful  practice  of  dentistry  for  not  less 
than  ten  years,  upon  the  report  of  the  Board  of  Dental 
Examiners  that,  after  due  investigation  or  examination 
it  finds  his  or  her  education  and  professional  attainments 
and  experience  to  be,  together,  fully  equal  to  the  require- 
ments for  license  in  this  commonwealth.  Every  license 
issued,  otherwise  than  as  a  result  of  a  written  examination, 
shall  state  the  grounds  upon  which  it  is  granted. 

All  fees  provided  by  this  act  shall  be  payable  to  the  dental 
council,  and  the  same  shall  be  disbursed  by  the  dental  council 
in  payment  of  the  expenses  of  the  Board  of  Dental  Exami- 
ners: Provided,  that  any  surplus,  unexpended  at  the  end 
of  any  fiscal  year,  shall  be  apportioned  among  the  dental 
examiners,  in  the  proportion  of  the  number  of  applicants  for 
license  respectively  examined  by  each  during  said  fiscal 
year. 

Section  3.  The  Board  of  Dental  Examiners  of  the  com- 
monwealth of  Pennsylvania  shall  consist  of  six  persons, 
whose  term  of  office  shall  be  for  three  years,  from  the  first 
day  of  September  of  the  year  in  which  they  may  be  appointed. 

The  Pennsylvania  State  Dental  Societ}^  shall  have  power 
to  nominate  from  its  membership  at  least  double  the  number 
of  candidates  required  to  fill  the  vacancies  occurring  annually 
in  the  office  of  dental  examiner.  Said  candidates  shall  have 
been  engaged  in  the  actual  practice  of  dentistry  in  this  com- 
monwealth during  a  period  of  not  less  than  ten  years.  The 
Governor  of  this  commonwealth  shall  have  power  to  appoint 


330     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

dental  examiners  to  fill  all  vacancies  occurring  from  any 
cause,  only  from  the  candidates  nominated  as  aforesaid,  no 
member  of  the  faculty  of  a  dental  college  shall  be  eligible 
to  appointment  as  a  member  of  the  State  Board  of  Dental 
Examiners.  In  the  event  of  failure  of  the  Pennsylvania  State 
Dental  Society  to  nominate  candidates  as  aforesaid,  the 
governor  shall  appoint  members  in  good  standing  of  the  said 
society,  without  other  restrictions.  The  governor  shall  have 
power  to  remove  any  examiner  for  continued  neglect  of  duty, 
incompetency,  or  dishonorable  conduct.  The  Board  of 
Dental  Examiners  may  make  all  necessary  rules,  regulations, 
and  by-laws  concerning  the  transaction  of  its  business, 
subject  to  the  approval  of  the  dental  council ;  and  shall  have 
power  to  require  attendance  of  persons  and  papers,  and  take 
testimony  concerning  all  matters  within  its  jurisdiction,  and 
the  presiding  officer  of  said  board,  or  of  any  committee 
thereof,  shall  have  power  to  issue  subpenas  and  administer 
oaths. 

Section  4.  For  the  purpose  of  examining  applicants  for 
license,  the  State  Board  of  Dental  Examiners  shall  hold  two 
stated  meetings  each  and  every  year,  to  wit,  one  in  June  and 
one  in  December.  The  June  meetings  shall  be  held  simul- 
taneously in  Philadelphia  and  Pittsburg.  The  December 
meetings  shall  be  held  simultaneously  in  Philadelphia  and 
Pittsburg,  or  in  the  discretion  of  the  board,  may  be  held  in 
Harrisburg. 

Special  meetings  may  be  held,  the  time  and  the  place  to  be 
fixed  by  said  board.  Due  notice  of  all  meetings  shall  be  given. 
At  stated  and  special  meetings  a  majority  of  the  board  shall 
constitute  a  quorum  thereof;  but  the  examinations  may  be 
conducted  by  a  committee  of  one  or  more  of  the  examiners, 
duly  authorized  by  the  said  board. 

All  candidates  for  examination  for  license  to  practise 
dentistry  in  the  State  of  Pennsylvania  shall  be  required  to 
pass  an  examination  by  the  State  Board  of  Dental  Exami- 
ners, upon  the  following  subjects:  (1)  General  anatomy  and 
physiology;  (2)  special  dental  anatomy;  (3)  dental  histology; 
(4)  dental  physiology;   (5)  chemistry  and  metallurgy;  (6) 


PENNSYLVANIA  331 

materia  medica;  (7)  dental  pathology,  bacteriology,  and 
therapeutics;  (8)  anesthesia;  (9)  oral  surgery;  (10)  principles 
and  practice  of  operative  and  prosthetic  dentistry. 

Said  examination  shall  be  conducted  in  writing,  and  shall 
embrace  all  the  subjects  named  in  this  act.  Each  applicant 
shall  also  furnish  to  the  Board  of  Dental  Examiners  satis- 
factory evidence  of  his  or  her  proficiency  in  the  manipulative 
procedures  of  dentistry,  either  by  producing  an  example  of 
his  or  her  work,  with  proof  of  the  execution  of  the  same,  or 
by  a  practical  demonstration  of  his  or  her  skill  in  the  presence 
of  the  examiner.  After  each  stated  examination  an  official 
report,  signed  by  the  president  and  secretary  and  each  acting 
member  of  the  said  Board  of  Dental  Examiners,  stating  the 
examination  average  of  each  candidate  in  each  branch,  the 
general  average,  and  the  results  of  the  examination,  whether 
successful  or  unsuccessful,  shall  be  transmitted  to  the  dental 
council.  The  said  report  shall  embrace  all  the  examination 
papers,  questions,  and  answers  thereto.  All  such  examination 
papers  shall  be  filed  by  the  dental  council  at  Harrisburg,  and 
kept  for  reference  and  inspection  for  a  period  of  not  less  than 
five  years. 

Section  5.  It  shall  be  the  duty  of  every  person  prac- 
tising dentistry  within  this  commonwealth  to  display,  or 
cause  to  be  displayed,,  his  or  her  name,  posted  in  a  conspicu- 
ous place  at  or  near  the  entrance  to  the  office  or  place  where 
he  or  she  is  practising  dentistry.  Any  person  practising 
dentistry  within  this  commonwealth,  within  six  months  from 
the  passage  of  this  act,  shall  cause  his  or  her  license  to  be 
registered  in  the  office  of  the  prothonotary  of  the  court  of 
common  pleas  of  the  county  in  which  such  person  shall 
practise  dentistry,  unless  the  same  has  already  been  regis- 
tered in  said  county. 

Any  person  who  shall  neglect  to  cause  his  or  her  license  to 
be  registered  as  herein  provided  shall  be  construed  to  be  prac- 
tising dentistry  without  a  license:  Provided,  That  this  act 
shall  not  aft'ect  the  right  of  any  person  to  practise  dentistry, 
who  is  entitled  to  do  so  under  the  provisions  of  an  act  of 
assembly  in  force,  or  who  shall  have  conducted  the  actual, 


332     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

lawful  practice  of  dentistry  in  this  commonwealth  for  five 
years  continuously,  preceding  the  passage  of  this  act. 

Section  6.  It  shall  be  unlawful  'for  any  person  to  employ 
any  person  as  an  operator  in  dental  surgery,  or  practitioner 
in  dentistry,  for  hire  or  reward,  or  to  cause  or  permit  any 
person  to  act  as  an  operator  in  dental  surgery  or  as  a  practi- 
tioner in  dentistry,  for  hire  or  reward,  who  is  not  duly  quali- 
fied and  registered  as  a  practitioner  in  dentistry,  as  provided 
by  law.  All  persons  shall  be  construed  to  be  practising  den- 
tistry who  shall  be  the  owner,  part  owner,  partner,  share- 
holder, operator,  manager,  assistant,  or  in  any  other  manner 
engaged  in  conducting  any  ofRce,  or  other  place  for  the 
purpose  of  performing  dental  operations,  or  treating,  extract- 
ing, or  filling  human  teeth  or  inserting  artificial  appliances 
or  sets  of  artificial  teeth,  for  hire  or  reward :  Provided,  That 
this  act  shall  not  prohibit  any  licensed  dentist  having  any 
person  as  assistant  or  attendant,  to  perform  any  service  other 
than  extracting,  filling,  treating,  or  operating  upon  human 
teeth,  or  the  taking  of  impressions  for,  and  the  insertion  of 
artificial  appliances  in,  the  mouth. 

Section  7.  Nothing  in  this  act  shall  be  construed  to 
prohibit  physicians  or  surgeons,  in  the  regular  practice  of 
their  profession,  from  extracting  teeth  for  the  relief  of  pain, 
or  making  applications  for  such  purpose;  or  shall  prevent 
bona  fide  students  of  dentistry,  in  the  regular  course  of  their 
instruction,  from  operating  upon  patients  at  clinics,  or  under 
the  immediate  supervision  and  in  the  presence  of  their  pre- 
ceptor, who  is  in  lawful  practice:  Provided,  That  no  fee, 
salary,  or  other  reward  for  such  operation  shall  be  paid  to 
or  received  by  any  student  of  dentistry  either  directly  or 
indirectly,  under  any  circumstances.  And  nothing  in  this 
act  shall  be  construed  to  prohibit  the  practice  of  dentistry, 
within  this  commonwealth,  by  any  practitioner  who  shall 
have  been  duly  registered  in  accordance  with  the  laws  of  this 
commonwealth  existing  prior  to  the  passage  of  this  act. 

Section  8.  Any  person  who  shall  practise  dentistry 
without  being  duly  licensed  or  lawfully  registered,  or  who 
shall  practise  dentistry  or  induce  any  person  to  practise 


RHODE  ISLAND  333 

dentistry  in  violation  of  any  of  the  provisions  of  this  act, 
shall  be  guilty  of  a  misdemeanor,  and  upon  conviction,  shall 
be  punished  by  a  fine  not  exceeding  five  hundred  dollars,  or 
by  imprisonment  not  exceeding  six  months,  or  by  both  fine 
and  imprisonment,  at  the  discretion  of  the  court. 


RHODE  ISLAND 

General  Laws,  1909,  Chapter  181,  p.  596. 

Section  1  and  2.    Board  of  Registration  in  Dentistry. 

Section  3.  It  shall  be  the  duty  of  every  person  engaged 
in  the  practice  of  dentistry  in  the  State  to  cause  his  or  her 
Qame  and  place  of  business  to  be  registered  with  said  board, 
who  shall  keep  a  book  for  that  purpose;  and  persons  so 
registering  shall  receive  a  certificate  to  that  eftect  from  the 
board. 

Section  4.  All  persons  who  hereafter  intend  to  enter 
the  practice  of  dentistry  in  this  State  shall  appear  before  said 
board  and  be  examined  with  reference  to  their  knowledge 
and  skill  in  dentistry;  and  to  such  as  pass  a  satisfactory  ex- 
amination, certificates  to  that  effect,  signed  by  the  president 
and  secretary  of  the  board,  shall  be  issued;  and  thereupon 
the  names  of  such  persons  receiving  certificates  as  aforesaid 
shall  be  registered  with  said  board. 

Section  5.  Each  person  applying  for  an  examination  shall 
pay  to  said  board,  before  examination,,  the  sum  of  twenty 
dollars,  which  shall  in  no  case  be  returned.  In  case  of  failure 
on  the  part  of  an}'  person  to  pass  a  satisfactory  examination, 
such  person  shall  be  entitled  to  a  second  examination  before 
said  board,  at  a  subsequent  meeting  thereof,  upon  payment 
to  the  board  of  the  sum  of  five  dollars.  The  fees  received  for 
examination  shall  be  applied  to  defray  the  expenses  of  the 
said  board. 

Section  6.  All  questions  given  to  each  person  who  takes 
the  examinations  shall  be  written  or  printed  in  ink,  and  the 
answer  shall  be  written  in  ink.  The  said  questions  and 
answers  shall  be  placed  on  file  at  least  two  years  with  said 


334     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

board,  and  open  to  the  inspection  of  any  person  or  persons 
who  are  affected  by  such  examination. 

Section  7.  Any  person  who  shall  practise  or  attempt  to 
practise  dentistry  in  this  State  without  being  registered  with 
said  board  and  obtaining  a  certificate  as  required  by  this 
chapter  or  who  shall  violate  any  of  the  provisions  of  this 
chapter,  and  any  person  or  corporation  owning  or  carrying 
on  a  dental  business  and  in  said  business  employing  or  per- 
mitting any  person  to  practise  dentistry  in  this  State  without 
being  registered  and  obtaining  a  certificate  as  aforesaid,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
shall  be  fined  not  less  than  fifty  dollars  nor  more  than  one 
hundred  dollars  for  each  and  every  offence;  and  the  opening 
or  maintaining  of  a  dentist's  office,  displaying  of  a  dentist's 
sign  or  door-plate,  or  the  advertising  of  a  readiness  to  practise 
dentistry  in  this  State  in  the  public  prints,  or  by  cards, 
circulars,  posters,  or  in  any  other  manner,  by  any  such 
person,  shall  be  evidence  of  such  violation. 

Section  8.  Any  person  registered  with  said  board  in 
accordance  with  the  provisions  of  this  chapter,  who  shall  be 
convicted  of  any  crime,  or  who  shall  be  found  guilty,  upon 
hearing  before  said  board,  of  grossly  immoral  conduct,  shall 
cease  to  have  or  exercise  any  rights  or  privileges  hereunder, 
and  said  board  forthwith,  upon  such  conviction  or  finding, 
shall  revoke  and  cancel  his  or  her  registration  and  certificate. 

Section  9.  Complaints  for  the  violation  of  the  provisions 
of  this  chapter  may  be  made  by  any  person,  and  if  made  by 
a  member  of  said  board,  said  member  shall  be  exempt  from 
giving  surety  for  costs  on  any  complaint  made  as  aforesaid. 

Section  10.  Every  practising  dentist  shall  keep  his  cer- 
tificate of  license,  or,  in  case  it  be  lost,  a  duplicate  thereof, 
posted  in  some  conspicuous  place  or  manner,  so  as  to  be  in 
plain  view  of  his  patients;  and  every  person,  firm,  or  corpora- 
tion owning  or  carr^dng  on  a  dental  business  in  any  office,  or 
other  room  or  rooms,  shall  have,  if  a  person,  his  or  her  full 
name,  if  a  firm,  the  full  names  of  the  members  thereof,  and 
if  a  corporation,  the  full  corporate  name  thereof,  exhibited 
in  plain  readable  letters  in  such  office  or  other  room  or  rooms. 


SOUTH  CAROLINA  335 

Whoever  violates  any  of  the  provisions  of  this  section  shall 
be  fined  not  exceeding  twenty  dollars. 

Section  11.  Any  person  shall  be  regarded  as  practising 
dentistry  within  the  meaning  of  this  chapter,  who  shall  treat 
or  profess  to  treat  any  of  the  diseases  or  lesions  of  human 
teeth  or  jaws,  or  extract  teeth,  or  shall  prepare  and  fill  cavi- 
ties in  human  teeth,  or  correct  the  malposition  of  teeth,  or 
supply  and  insert  artificial  teeth  crowns  or  bridges  as  substi- 
tutes for  natural  teeth,  or  perform  any  operation  on,  or  make 
examination  of  with  the  intent  of  performing  or  causing  to 
be  performed  any  operation  on,  the  human  teeth  or  jaws: 
Provided,  That  the  treating  of  diseases  of  the  mouth  or  per- 
forming operations  in  oral  surgery  by  regularly  licensed 
physicians  and  surgeons  shall  not  be  deemed  to  be  the  prac- 
tice of  dentistry  within  the  meaning  of  this  chapter. 


SOUTH  CAROLINA 

South  Carolina  Code  of  1902,  Vol.  I,  p.  437. 

Section  1127.  No  person  shall  hereafter  enter  upon  the 
practice  of  dentistry  in  this  State  unless  he  shall  have 
obtained  a  license  from  the  Board  of  Dental  Examiners  in 
the  State  of  South  Carolina. 

Section  1128.    Board  of  Dental  Examiners. 

Section  1129.  Meeting  of  board.  (As  amended  1911, 
Februar}^  7,  p.  130.)  The  Board  of  Examiners  shall  meet 
annually  at  such  time  and  place  as  they  shall  designate, 
giving  thirty  days'  notice  in  the  public  newspapers,  pubhshed 
in  not  less  than  three  different  places  in  the  State,  viz.:  One 
in  Charleston,  one  in  Columbia,  and  one  in  Greenville,  of  such 
annual  meeting;  shall  prescribe  a  course  of  reading  for  those 
who  study  dentistry  under  private  instructions;  shall  grant 
licenses  to  all  applicants  who  undergo  a  satisfactory  examina- 
tion; shall  keep  a  book  in  which  shall  be  registered  all  persons 
licensed  to  practise  dentistry  in  the  State  of  South  Carolina. 
The  expenses  of  said  license  shall  be  fifteen  dollars,  to  be  paid 
by  said  licensee. 


336     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  1130.  The  book  so  kept  shall  be  a  book  of  record, 
and  a  transcript  from  it,  certified  by  the  officer  who  has  it  in 
keeping,  with  the  common  seal,  shall  be  evidence  in  any 
Court  of  the  State. 

Section  1131.     Quorum. 

Section  1132.  One  member  of  said  board  may  grant  a 
license  to  an  applicant  to  practise  until  the  next  regular 
meeting  of  the  board,  when  he  shall  report  the  fact,  at  which 
time  the  temporary  license  shall  expire;  but  such  temporary 
license  shall  not  be  granted  by  a  member  of  the  board  after 
the  board  has  rejected  the  applicant. 

Section  1133.  Every  dentist  in  this  State  shall  keep  a 
record  of  all  cases  treated  in  his  practice,  in  accordance  with 
a  form  to  be  designated  by  the  South  Carolina  State  Dental 
Association,  and  furnish  his  patient  with  a  copy  of  the  same, 
if  so  desired  by  the  patient. 

Criminal  Code,  section  301,  Vol.  II. 

Any  person  who,  for  fee  or  reward,  shall  practise  dentistry 
in  violation  of  the  laws  of  this  State  regulating  the  practice 
thereof,  shall  be  liable  to  indictment,  and  on  conviction  shall 
be  fined  not  less  than  fifty  nor  more  than  three  hundred 
dollars,  or  be  imprisoned  at  hard  labor  on  the  county  chain 
gang  for  a  period  of  not  less  than  one  month  nor  more  than 
twelve  months:  Provided,  That  nothing  in  this  section  shall 
be  construed  as  to  prevent  any  person  from  extracting  teeth. 
All  fines  collected  shall  enure  to  the  educational  fund  of  the 
county  where  the  offender  resides. 


SOUTH  DAKOTA 

1909,  Laws  of  South  Dakota,  Chapter  4,  p.  3. 

Section  1.  It  shall  not  be  lawful  for  any  person  to 
practise  dentistry  in  this  State  without  having  a  license 
so  to  do  from  the  Board  of  Dental  Examiners. 

Section  2.    Board  of  Dental  Examiners. 


SOUTH  DAKOTA  337 

Section  3.    Power  to  make  rules.    Officers.    Records. 

Section  4.  It  shall  be  the  duty  of  each  person  licensed 
by  the  board  to  practise  dentistry  in  this  State  to  procure 
from  the  secretary  of  the  board,  on  or  before  July  1st, 
annually,  a  certificate  of  registration.  Such  certificate  shall 
be  issued  by  the  secretary  upon  the  payment  of  a  fee  to  be 
fixed  by  the  board,  not  exceeding  the  sum  of  two  dollars. 
All  certificates  so  issued  shall  be  prima  facie  evidence  of  the 
right  of  the  holder  to  practise  dentistry  in  this  State,  during 
the  time  for  which  they  were  issued.  Any  certificate  or 
license  granted  by  the  board  may  be  revoked  by  it  upon  con- 
viction of  the  party  holding  it  of  a  violation  of  an}'^  of  the 
provisions  of  this  act.  Every  person  receiving  such  certificate 
shall  conspicuously  expose  the  same  in  his  place  of  business. 

Section  5.  A  person  not  already  a  registered  dentist  in 
this  State,  desiring  to  practise  dentistry  therein,  shall  apply 
to  the  secretary  of  the  board  for  examination,  and  pay  a  fee 
of  twenty-five  dollars,  which  in  no  case  shall  be  refunded.  At 
the  next  regular  meeting  he  shall  present  himself  for  examina- 
tion and  produce  his  diploma  from  some  dental  college  of 
good  standing  of  which  standing  the  board  shall  be  the 
judges,  or  furnish  to  the  board  satisfactory  evidence  that  he 
has  been  engaged  in  the  active  practice  of  dentistry  for  at 
least  five  years  immediately  preceding  such  examination. 
The  board  shall  give  the  applicant  such  an  elementary 
examination  as  to  thoroughly  test  his  fitness  for  the  practice 
and  include  therein  the  subjects  of  anatomy,  physiology, 
chemistry,  materia  medica,  therapeutics,  metallurgy,  histol- 
ogy, pathology,  and  operative,  surgical,  and  mechanical 
dentistry ;  and  the  applicant  shall  be  required  to  demonstrate 
his  skill  in  operative  and  mechanical  dentistry.  If  the 
applicant  successfully  passes  the  examination,  he  shall  be 
registered  by  the  board  as  a  licensed  dentist,  and  supplied 
with  a  certificate  of  registration  signed  by  all  members  of  the 
Board  of  Dental  Examiners. 

Section  6.  Any  person  shall  be  said  to  be  practising 
dentistry  within  the  meaning  of  this  act,  who  shall  hold 
himself  out  before  the  public  as  practising  dentistry  by 
22 


338     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

equipping  an  office,  advertising  or  permitting  it  to  be  done 
by  sign,  card,  circular,  hand-bill,  newspaper  or  otherwise, 
that  he  can  or  will  attempt  to  perform  dental  operations  of 
any  kind,  treat  diseases  or  lesions  of  the  human  jaws,  or 
replace  lost  teeth  by  artificial  ones,  or  attempt  to  correct 
malpositions  thereof,  or  who  shall  for  a  fee,  salary,  or  other 
reward,  paid  or  to  be  paid,  either  to  himself  or  to  another 
person,  perform  dental  operations  of  any  kind,  treat  diseases 
or  lesions  of  the  human  jaw  or  teeth,  or  replace  lost  teeth  by 
artificial  ones,  or  attempt  to  correct  malposition  thereof. 
The  foregoing  provisions  of  this  section  shall  not  apply  to 
students  enrolled  in  and  regularly  attending  any  dental 
college,  who  perform  acts  of  dentistry  in  the  pursuit  of 
clinical  advantages  under  the  direct  supervision  of  a  pre- 
ceptor or  a  licensed  dentist,  during  the  period  of  their  enrol- 
ment; and  the  provisions  of  this  act  shall  not  prevent  any 
legally  licensed  resident  physician  or  surgeon  from  extracting 
teeth  or  to  prevent  any  person  from  using  any  domestic 
remedy  for  relief  of  pain. 

Section  7.    Officers'  Meeting;  Compensation;  Report. 

Section  8.  Any  person  violating  any  of  the  provisions  of 
this  act  is  guilty  of  a  misdemeanor  and  upon  conviction,  for 
the  first  offence,  shall  be  punished  by  a  fine  not  to  exceed  one 
hundred  dollars,  or  less  than  fifty  dollars,  or  by  imprisonment 
in  the  county  jail  not  to  exceed  thirty  days,  or  by  both  fine 
and  imprisonment.  For  the  second  offence,  the  punishment 
shall  be  a  fine  of  three  hundred  dollars  and  thirty  days' 
imprisonment  in  the  county  jail.  For  the  third  offence,  the 
punishment  shall  be  a  fine  of  five  hundred  dollars  and  ninety 
days  in  the  county  jail. 

Section  9.  Any  person  who  shall  knowingly  or  falsely 
claim  or  pretend  to  have  or  hold  a  certificate  of  registration, 
diploma,  or  decree  granted  by  a  society  or  by  the  Board  of 
Dental  Examiners,  or  who  shall  falsely  or  with  intent  to 
deceive  the  public  claim  or  pretend  to  be  a  graduate  from 
any  dental  college,  not  being  such  graduate,  is  guilty  of  a 
misdemeanor,  and  upon  conviction  is  punishable  as  provided 
in  section  8  of  this  act. 


TENNESSEE  339 

Section  10.  Any  person  who  shall  be  licensed  under  the 
provisions  of  this  article  and  who  shall  practise  dentistry 
under  a  false  name  with  intent  to  deceive,  shall  be  liable  to 
have  his  license  revoked  upon  twenty  days'  notice  of  such 
proposed  revocation  and  of  the  time  and  place  of  considering 
such  revocation  by  the  State  Board  of  Dental  Examiners. 
Any  person  who  after  the  revocation  of  his  license,  continues 
to  practise  dentistry  in  this  State  is  guilty  of  a  misdemeanor 
and  upon  conviction  thereof  is  punishable  as  provided  in 
section  8  of  this  act. 

Section  11.  Sections  285  to  296  inclusive,  contained  in 
Article  10  of  the  Revised  Political  Code  of  1903,  together 
with  all  acts  amendatory  thereto  and  all  acts  and  parts  of 
acts  conflicting  with  the  provisions  of  this  act  are  hereby 
repealed. 

TENNESSEE 

1907,  April  11,  Acts,  p.  1135. 

Section  1.    Repeal  of  act  of  1891,  March  25,  Chap.  108. 

Section  2.  It  shall  be  unlawful  for  any  person  to  practise 
or  attempt  to  practise  dentistry  or  dental  surgery  in  the 
State  of  Tennessee  without  first  having  complied  with  the 
requirements  of  section  6  hereof  as  hereinafter  set  out,  or  for 
any  person  to  practise  or  attempt  to  practise  dentistry  or 
dental  surgery  in  this  State  whose  license  or  certificate  shall 
have  been  revoked  as  provided  in  section  8  hereof:  Provided, 
That  nothing  in  this  section  of  this  act  shall  apply  to  any 
person  engaged  in  the  practice  of  dentistry  or  dental  surgery 
in  the  State  at  the  time  of  the  passage  of  this  amended 
act,  except  as  hereinafter  provided:  Provided,  further,  That 
nothing  in  this  act  shall  be  so  construed  as  to  prevent  physi- 
cians, surgeons,  or  other  persons  from  extracting  teeth. 

Sections  3  to  5.    Board  of  Examiners;  Terms;  Record. 

Section  0.  That  any  person  desiring  to  commence  the 
practice  of  dentistry  or  dental  surgery  within  this  State  after 
the  passage  of  this  act  and  before  commencing  such  practice 
shall  present  to  said  board  his  or  her  diploma  from  some 


340     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

reputable  school  or  college  of  dentistry  or  a  duly  authenti- 
cated copy  thereof,  the  sufficiency  and  validity  of  which  said 
board  shall  have  the  power  to  determine,  and  upon  under- 
going a  satisfactory  examination  by  said  board,  said  board 
shall  issue  to  such  person  a  certificate,  duly  signed  by  all  or 
a  majority  of  said  board,  and  which  certificate  shall  entitle 
the  person  to  whom  it  is  issued  to  all  the  rights  and  privileges 
set  forth  in  this  act;  that  any  dentist  who  has  been  in  legal 
practice  for  five  years  or  more  and  is  a  reputable  dentist  of 
good  moral  character  and  who  is  desirous  of  making  change 
of  residence  to  this  State  may  apply  to  the  Examining  Board 
of  the  State  in  which  he  is  registered  (provided  such  State 
requires  diplomas  and  examination  for  registration)  for  a 
certificate  of  recommendation,  which  shall  attest  to  his  moral 
and  professional  character;  and  such  certificate  if  granted, 
shall  be  deposited  with  the  examining  board  of  this  State,  in 
which  he  proposes  to  reside,  and  the  State  board  in  exchange 
therefor  may  grant  him  a  license  to  practise  dentistry  upon 
his  paying  to  said  secretary  and  treasurer  of  said  board  the 
fee  hereinafter  required.  The  Board  of  Dental  Examiners 
shall  give  a  report  to  each  applicant  who  has  been  examined 
by  said  board,  stating  his  grade  in  each  branch  of  study 
upon  which  he  has  been  examined. 

Section  7.  That  to  provide  for  the  proper  and  efficient 
enforcement  of  this  said  board  of  examiners  shall  be  entitled 
to  a  fee  of  ten  dollars  for  each  application  for  examination 
and  certificate  of  registration.  Such  fee  shall  accompany 
such  application,  and  shall  be  non-returnable,  unless  the 
applicant  shall  be  unavoidably  prevented  from  presenting 
himself  for  examination  to  said  board,  and  also  a  fee  of 
ten  dollars  for  each  certificate  issued  to  any  dentist  upon 
credentials  coming  from  another  State  as  provided  for  in 
Section  6  of  this  act. 

Section  8.  That  the  board  shall  have  the  right  to  review 
the  evidence  upon  which  a  license  has  been  obtained;  and  if 
obtained  by  fraud,  collusion,  or  perjury,  said  board  shall 
revoke  such  license.  The  board  may  also  revoke  or  suspend 
any  license  or  certificate  for  any  of  the  following  causes : 


TEXAS  341 

1.  Conviction  of  felony. 

2.  For  habitual  drunkenness  or  confirmed  drug  habit. 

Or  for  the  advertisement  of  dental  methods  or  specialties 
in  which  untruthful,  improbable,  or  impossible  statements 
are  made. 

Section  9.    Compensation  of  Board;  Disposition  of  Fines. 

Section  10.  That  any  person  who  shall  violate  this  act 
by  practising  or  attempting  to  practise  dentistry  or  dental 
surgery  within  the  State  without  first  complying  with  the 
provisions  of  this  act  shall  be  deemed  guilty  of  a  misde- 
meanor, and,  upon  conviction  thereof,  shall  be  fined  in  a 
sum  not  less  than  twenty-five  nor  more  than  three  hundred 
dollars,  and  the  grand  juries  of  this  State  are  given  power  to 
inquire  into  any  and  all  violations  of  this  act,  and  to  subject 
any  and  all  offenders  against  the  provisions  of  this  act  to 
trial  by  either  presentment  or  indictment  and  the  circuit 
and  criminal  judges  of  this  State  are  hereby  required  to  give 
the  substance  of  this  act  in  their  charges  to  grand  juries. 

TEXAS 

1905,  General  Laws,  p.  143. 

Section  1.  It  shall  be  unlawful  for  any  person  to  practise 
or  attempt  to  practise  dentistry  or  dental  surgery  in  the 
State  of  Texas  without  having  first  obtained  a  certificate 
from  the  State  Board  of  Dental  Examiners:  Provided,  That 
,  physicians  and  surgeons  may,  in  the  regular  practice  of  their 
profession,  extract  teeth  or  make  application  for  the  relief 
of  pain;  Provided,  further,  That  nothing  in  this  act  shall  applj^ 
to  any  person  legally  engaged  in  the  practice  of  dentistry 
or  dental  surgery  in  this  State,  at  the  time  of  the  passage 
of  this  act. 

Section  2.  It  shall  be  unlawful  for  any  person  or  persons 
to  extract  teeth  or  perform  any  other  operation  pertaining  to 
dentistry  for  pay  or  for  the  purpose  of  advertising,  exhibiting 
or  selling  any  medicine  or  instrument  or  business  of  any  kind 
or  description  whatsoever,  unless  such  person  or  persons 
shall  first  have  complied  with  the  provisions  of  this  title. 


342     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Sections  3  to  6.  Creation  of  Dental  Board;  Rules; 
Duties,  etc. 

Section  7.  Any  person  desiring  to  commence  the  practice 
of  dentistry  or  dental  surgery  within  this  State  after  the 
passage  of  this  act,  shall  before  commencing  such  practice 
make  application  to  said  board,  and  upon  undergoing  a 
satisfactory  examination  before  said  board,  shall  be  entitled 
to  a  certificate  from  said  board  granting  such  person  the 
right  to  practise  dentistry  or  dental  surgery  within  this  State. 

Section  8.  Any  member  of  said  board  may,  when  the 
board  is  not  in  session,  grant  a  license  to  practise  dentistry 
to  any  person  whom  such  member  finds  on  examination  to 
be  qualified,  on  the  payment  of  two  dollars  by  such  person. 
A  license  so  granted  shall  be  valid  until  the  next  meeting  of 
the  board  but  no  longer.  Each  member  shall  make  a  report 
of  license  so  granted  by  him,  at  the  meeting  of  the  board 
following  the  granting  of  the  license.  A  member  shall  not 
grant  a  license  under  the  provision  of  this  Article  to  one  who 
has  been  rejected  by  the  board  as  disqualified. 

Section  9.  Every  person  to  whom  license  is  issued  by  said 
board  of  examiners  shall  within  thirty  days  of  the  date 
thereof,  present  the  same  to  the  clerk  of  the  county  in  which 
he  or  she  resides  or  expects  to  practise,  who  shall  officially 
record  said  license  in  his  office  book  provided  for  that  purpose 
and  shall  be  entitled  to  a  fee  of  fifty  cents  for  his  services. 

Section  10.  Said  board  shall  have  power,  when  it  shall 
be  made  to  appear  to  said  board  by  satisfactory  evidence, 
from  credible  witnesses  that  any  person  who  has  been  granted 
a  certificate  to  practise  dentistry  or  dental  surgery,  has  been 
convicted  of  a  felony  or  who  has  been  guilty  of  any  fraudulent 
or  dishonorable  conduct  or  malpractice,  or  such  conduct 
involving  fraudulent  or  dishonorable  conduct  or  malpractice, 
to  revoke  his  or  her  license  to  practise  dentistry  or  dental 
surgery  in  this  State:  Provided,  That  the  license  of  no  person 
shall  be  so  revoked  by  said  board  without  first  notifying  such 
person  of  the  charges  preferred  against  him  or  her  and  citing 
him  or  her  to  appear  before  said  board  upon  some  day  certain 
at  a  regular  meeting  of  said  board :  Provided,  further,  That 


TEXAS  343 

no  charge  shall  be  considered  against  any  person  unless  the 
same  shall  have  first  been  made  in  writing  and  subscribed 
and  sworn  to  by  some  credible  person  and  filed  with  the 
secretary  of  said  board,  who  shall  furnish  a  copy  of  the  same 
to  the  party  so  accused  at  least  ten  days  before  the  meeting 
of  the  board  at  which  the  same  is  to  be  considered. 

Section  11.  To  provide  for  the  proper  and  effective 
enforcement  of  this  act,  said  board  of  examiners  shall  be 
entitled  to  a  fee  of  twenty-five  dollars  from  each  applicant 
examined,  which  said  sum  shall  accompany  the  application 
and  which  sum  shall  in  no  event  be  refunded  to  the  person 
examined. 

Section  12.  Compensation  of  Board;  Disposition  of 
Money  Received. 

Section  13.  Any  person  who  shall  violate  this  act  by 
practising  or  attempting  to  practise  dentistry  or  dental 
surgery  within  this  State  without  first  complying  with  the 
provisions  of  this  act,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  upon  conviction  thereof,  shall  be  fined  in  a  sum 
of  not  less  than  twenty-five  nor  more  than  three  hundred 
dollars  for  each  and  every  offence,  each  day  in  the  practice 
constituting  an  oflfence.  All  fines  collected  from  prosecutions 
under  this  law  shall  be  appropriated  to  the  common  school 
funds  in  the  county  where  collected. 

Section  14.  Any  person  or  persons  who  shall  violate 
this  act  by  extracting  teeth,  or  performing  any  other  opera- 
tion pertaining  to  dentistry  for  the  purpose  of  advertising, 
exhibiting,  or  selling  any  medicine,  instrument,  or  business 
of  any  kind  or  description,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof  shall  be  fined  in  a 
sum  of  not  less  than  twenty-five  nor  more  than  three 
hundred  dollars  for  each  and  every  offence. 

Section  15.  All  laws  and  parts  of  laws  in  conflict  with 
the  provisions  of  this  act  are  hereby  repealed. 

Section  16.  The  near  approach  of  the  end  of  the  session, 
the  crowded  condition  of  the  docket,  the  great  importance 
to  the  people  for  an  amendment  to  the  dental  law,  creates 
an  emergency  and  imperative  public  necessity  requiring  the 


344     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

rule  requiring  bills  to  be  read  on  three  several  days  be  sus- 
pended, and  that  this  bill  be  in  force  from  and  after  its 
passage,  and  it  is  so  enacted. 


UTAH 

1909,  March  11,  Laws  of  Utah,  p.  35. 

Sections  1  to  7.  Board  of  Dental  Examiners  Created; 
Compensation;  Term  of  Office;  Qualifications  of  Members; 
Organization;  Bond;  Meetings;  Quorum;  By-laws,  Rules, 
and  Regulations. 

Section  8.  It  shall  be  unlawful  for  any  person  to  practise 
dentistry  without  having  been  licensed  so  to  do  by  the  State 
Board  of  Dental  Examiners,  and  without  having  complied 
with  the  provisions  of 'this  act:  Provided,  however,  That  this 
section  shall  not  annul  any  license  heretofore  granted  by  the 
Board  of  Dental  Examiners  hitherto  existing,  if,  at  the  time 
this  act  takes  effect,  or  within  sixty  days  thereafter,  such 
license,  or  certified  copy  thereof,  shall  have  been  filed  with 
the  county  clerk  as  hereinafter  provided. 

Section  9.  Any  and  all  persons  shall  be  held  to  be  prac- 
tising dentistry,  within  the  meaning  of  this  act,  who,  for  a 
fee,  salary,  or  reward,  paid  or  to  be  paid,  directly  or  indi- 
rectly, either  to  himself  or  any  other  person,  performs 
operations  of  any  kind  upon,  or  treats  lesions  of  the  human 
teeth  or  jaws  or  corrects  or  attempts  to  correct  malimposed 
positions  thereof,  or  who  is  manager,  proprietor,  conductor, 
or  operator  of  a  place  for  the  performance  of  dental  opera- 
tions; or  who  displays  a  sign  or  in  any  way  advertises  himself 
as  a  dentist;  and  proof  of  any  such  facts  shall  be  taken 
and  considered,  in  the  trial  of  any  action  for  the  violation  of 
any  of  the  provisions  of  this  act,  as  prima  facie  evidence 
of  such  violation.  But  nothing  in  this  act  shall  prohibit  an 
unlicensed  person  from  extracting  teeth,  or  from  performing 
merely  mechanical  work  on  inert  matter  in  a  dental  office  or 
laboratory;  or  the  student  of  a  licentiate  from  assisting  his 
preceptor  in  dental  operations,  while  in  the  presence  of,  and 


UTAH  345 

under  the  personal  supervision  of  his  instructor;  or  a  duly 
licensed  physician  or  surgeon  from  treating  diseases  of  the 
mouth,  or  performing  operations  in  oral  surgery,  unless  he 
practises  dentistry  as  a  specialty;  or  a  dental  surgeon  of  the 
United  States  army  or  navy  from  practising  dentistry  in 
the  performance  of  his  duties;  or  a  legal  practitioner  of  den- 
tistry of  another  State  from  making  clinical  demonstrations 
before  a  dental  society,  convention,  association  of  dentists, 
or  a  dental  college. 

Section  10.  Any  person  who  desires  to  practise  dentistrj^ 
in  this  State,  shall  file  with  the  secretary  of  the  board  a 
written  application  for  a  license  and  furnish  satisfactory 
evidence  that  he  or  she  is  at  least  twenty-one  years  of  age,  of 
good  moral  character,  and  that  he  or  she  is  a  graduate  of  a 
reputable  dental  college,  recognized  by  the  National  Associa- 
tion of  Dental  Examiners,  or  has  practised  dentistry  for  at 
least  two  years,  or  has  been  a  bona  fide  student  of  dentistry 
for  at  least  three  years,  or  has  been  under  the  immediate 
supervision  of  a  reputable  licensed  dentist  for  at  least  three 
years,  and  at  the  first  meeting  of  the  board  thereafter  he  or 
she  shall  appear  before  the  board  and  pass  a  satisfactory 
examination  in  the  English  language  in  the  following  subjects : 
the  branches  of  a  common  school  education  if  required  by 
the  board;  anatomy,  physiology,  chemistr};-,  materia  medica, 
therapeutics,  metallurgy,  histology,  pathology,  bacteriology; 
operative,  surgical,  and  mechanical  dentistry;  also  demonstra- 
tions in  operative  and  mechanical  dentistry,  if  required  by 
the  board. 

Section  11.  If  the  examination  proves  satisfactory  to  the 
board  it  shall  issue  a  license  to  the  person  examined,  which 
shall  be  signed  by  the  president  and  the  secretary  and  the 
other  members  of  the  board,  and  have  the  official  seal  of 
the  board  affixed  thereto. 

Section  12.  The  secretary  shall,  upon  the  recommenda- 
tion of  any  three  members  of  the  board,  grant  to  any  appli- 
cant for  a  license  a  temporary  license  to  practise  dentistry 
until  the  next  meeting  of  the  board,  at  which  the  applicant 
is  required  to  present  himself  for  examination,  at  which  time 


346     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

such  license  shall  expire.  Such  temporary  license  shall  not 
be  granted  to  any  person  who  has  been  rejected  by  the 
board. 

Section  13.  Within  sixty  days  after  this  act  takes  effect, 
but  not  thereafter,  the  board  may  issue  a  license  without  such 
examination  to  any  person  who  furnishes  satisfactory  proof 
that  at  the  time  this  act  takes  effect,  he  or  she  was  legally 
engaged  in  the  practice  of  dentistry  in  this  State. 

Section  14.  The  board  may  in  its  discretion,  issue  a 
license,  without  examination,  to  any  applicant  who  furnishes 
satisfactory  proof  that  he  is  a  graduate  from  a  reputable 
dental  college  and  holds  a  license  from  a  dental  board  of  any 
other  State,  Territory,  or  district  of  the  United  States,  under 
requirements  equal  to  those  of  this  State,  or  who  for  five 
consecutive  years  next  prior  to  filing  his  application  has  been 
in  the  legal  and  reputable  practice  of  dentistry  in  any  other 
State,  Territory,  or  district  of  the  United  States  and  holds  a 
license  from  a  similar  dental  board  thereof,  if  in  either  case 
the  laws  of  such  State,  Territory,  or  district  accord  equal 
rights  to  a  licensed  dentist  of  this  State,  who  removes,  or 
resides  and  desires  to  practise  his  profession  in  such  State, 
Territory,  or  district.  No  license  shall  be  issued  under  this 
section  unless  authorized  by  an  affirmative  vote  of  a  majority 
of  the  members  of  the  board. 

Section  15.  Any  reputable  dentist  of  good  moral  char- 
acter who,  having  been  in  the  legal  practice  of  dentistry 
in  this  State  for  five  years  or  more,  desires  to  change  his 
residence  into  another  State,  Territory,  or  district  of  the 
United  States  ma}'  apply  to  the  board  for,  and  said  board 
may  grant  to  him,  a  certificate  attesting  his  moral  character 
and  professional  attainments. 

Section  16.  Every  person  who  receives  a  license  from  the 
board,  shall  within  thirty  days  thereafter  cause  a  copy  of 
such  license,  certified  by  the  secretary,  to  be  filed  with  the 
clerk  of  the  county  in  which  such  person  resides,  and  if  he 
engages  in  the  practice  of  dentistry  in  any  other  county  or 
counties,  he  shall  also  file  a  certified  copy  thereof  with  the 
clerk  of  each  such  counties.    The  original  license,  or  a  certi- 


UTAH  34? 

fied  copy  thereof,  shall  also  be  conspicuously  displayed  in  his 
office.  A  violation  of  any  of  the  provisions  of  this  section 
shall  work  a  forfeiture  of  such  license,  which  shall  not  be 
reinstated  except  upon  payment  to  the  board  of  the  sum  of 
$25  as  a  penalty  for  such  violation. 

Section  17.  It  shall  be  the  duty  of  the  county  clerk  of 
each  county  within  the  State,  to  make  and  file,  with  the 
secretary  of  the  board,  on  or  before  the  first  day  of  January 
of  each  year,  a  list  of  all  licenses  filed  with  such  clerk  during 
the  preceding  year. 

Section  18.  The  board  may  revoke  the  license  of  any 
dentist : 

1.  If  he  be  convicted  of  a  felony,  or  a  misdemeanor  involv- 
ing moral  turpitude ;  in  which  case,  the  record  of  conviction, 
or  a  certified  copy  thereof,  certified  by  the  judge  or  clerk  of 
the  court  in  which  the  conviction  is  had,  shall  be  conclusive 
evidence. 

2.  If  he  be  guilty  of  unprofessional  conduct,  such  as  ob- 
taining any  fee  by  fraud  or  misrepresentation,  or  by  employ- 
ing, directly  or  indirectly,  any  student,  or  any  unlicensed 
dentist,  or  one  whose  license  has  been  revoked,  to  perform 
operations  of  any  kind,  or  to  treat  lesions  of  the  human  teeth, 
or  jaws,  or  correct  malimposed  positions  thereof,  except  as 
hereinbefore  provided ;  or  employs  what  are  known  as  cappers 
or  steerers  to  obtain  business ;  or  wilfully  betrays  professional 
secrets;  or  advertises  his  dental  business  or  treatment  or 
devices  by  untruthful,  improbable,  or  impossible  statements. 

3.  If  he  uses  intoxicants  or  drugs  to  such  an  extent  as  to 
render  him  unfit  to  practise  dentistry. 

4.  If  he  maltreats  his  patients  by  reason  of  gross  ignorance, 
wilfulness  or  neglect. 

5.  If  he  be  guilty  of  gross  immorality. 

6.  If  he  wilfully  violate  any  of  the  provisions  of  this  act. 
Section  19.    No  action  to  revoke  a  license  shall  be  taken 

until  the  accused  has  been  furnished  a  statement  of  the 
charges  against  him  and  notice  of  the  time  and  place  of 
hearing  thereof.  The  accused  may  be  present  at  the  hearing 
in  person,  by  counsel,  or  by  both. 


348     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

The  statement  of  charges  and  notice  may  be  served  per- 
sonally upon  the  accused,  or  mailed  to  him  at  his  last  known 
address,  at  least  twenty  days  prior  to  the  hearing.  If  upon 
such  hearing  the  board  find  the  charges  to  be  true,  it  may 
revoke  his  license,  and  all  rights  and  privileges  thereunder 
shall  cease.  When  a  license  is  revoked  the  secretary  shall 
certify  the  revocation  to  the  clerk  of  the  county  or  counties 
with  whom  the  accused  shall  have  filed  his  license,  or  certified 
copy  thereof;  the  board  may,  for  good  cause  shown,  reinstate 
any  license  so  revoked  and  in  the  case  of  reinstatement  of  the 
license  the  secretary  shall  certify  such  reinstatement  to  said 
clerk.  The  right  of  appeal  from  the  action  of  the  board  in 
revoking  the  license  of  any  dentist  is  hereby  granted.  Such 
appeal  shall  be  to  the  district  court  of  the  county  in  which 
such  dentist  is  practising,  and  must  be  taken  within  thirty 
days  after  notice  of  the  action  of  the  board  in  revoking  such 
license.  The  appeal  is  perfected  upon  filing  notice  of  appeal, 
together  with  an  undertaking  in  the  sum  of  $100  with  two 
sureties,  conditioned  that  if  the  action  of  the  board  in  revok- 
ing the  license  be  affirmed  by  the  district  court,  the  dentist 
will  pay  the  cost  of  the  appeal  and  the  action  in  the  district 
court.  Such  undertakings  shall  be  approved  by  the  president 
of  the  board.  In  lieu  of  the  undertaking,  the  dentist  may 
deposit  $100  with  the  treasurer  of  the  board. 

Section  20.  Guilty  of  Misdemeanor;  When.- — Every  person 
is  guilty  of  a  misdemeanor,  who, 

1 .  Practises  dentistry,  within  this  State,  without  a  license. 

2.  Continues  to  practise  dentistry  after  his  license  has 
been  revoked  by  the  board. 

3.  Practises  dentistry  under  a  false  or  assumed  name,  with 
intent  to  deceive. 

4.  Falsely  pretends  to  be  a  graduate  of  any  dental  college. 

5.  With  others,  practises  dentistry,  under  any  title  or 
name,  corporate,  or  otherwise  without  causing  to  be  displayed 
and  kept  in  a  conspicuous  manner  and  place  at  the  entrance 
of  his  place  of  business,  his  own  and  the  name  of  every  person 
employed  therein  in  the  practice  of  dentistry;  together  with 
the  word  mechanic  or  apprentice  after  the  name  of  each 
unlicensed  person  employed. 


UTAH  349 

6.  Fails  to  furnish  to  said  board,  within  ten  daj^s  after 
demand  made  by  the  secretary,  the  name  and  address  of 
every  person  practising  or  assisting  in  the  practice  of  den- 
tistry in  his  office  at  any  time  within  sixty  days  prior  to 
said  demand,  together  with  a  sworn  statement  showing  under 
and  by  what  Hcense  or  authority  said  person  or  employee  has 
been  practising  dentistry;  provided  said  statement  shall  not 
be  used  as  evidence  against  the  person  who  has  made  the 
same  in  any  prosecution  for  the  violation  of  any  of  the 
provisions  of  this  section. 

7.  Impersonates  another  at  any  examination  held  by  the 
board. 

8.  Procures  a  license  with  intent  that  it  shall  be  used  as 
evidence  of  the  right  to  practise  dentistry  by  a  person  other 
than  the  one  to  whom  such  license  is  issued. 

9.  Permits  a  license  issued  to  another  as  authority  of  the 
user  to  practise  dentistry. 

10.  Uses  a  license  issued  to  another  as  authority  of  the 
user  to  practise  dentistry. 

11.  Violates  any  of  the  provisions  of  this  act. 
Section  21.   The  secretary  shall  collect  in  advance  and  pay 

over  to  the  treasurer,  for  the  use  of  the  board,  the  following 
fees: 

For  filing  an  application  for  license  and  examination  the 
sum  of  $20,  no  part  of  which  shall  be  returned:  Provided, 
however,  If  the  applicant  shall  fail  to  pass  a  successful  exami- 
nation, he  may,  within  six  months  thereafter  again  apply  for 
examination  without  the  payment  of  an  additional  fee: 

For  issuance  of  a  license,  $5. 

For  certified  copy  of  license,  $2.50. 

For  issuance  of  license  without  examination,  $25. 

For  certified  transcript,  per  folio,  25  cents. 

For  certificate  of  character  and  attainments,  $5. 

For  each  other  certificate  under  seal,  50  cents. 

Section  22.  Every  licensed  dentist  practising  within  this 
State,  shall  pay  to  the  treasurer  of  the  board  an  annual 
license  fee  of  $1,  payable  on  or  before  the  first  day  of  Januar}^, 
in  each  and  every  year,  except  the  year  in  which  his  license 


350     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

is  issued  to  him.  In  case  any  person  defaults  in  paying  said 
annual  license  fee,  his  license  may  be  revokqd  on  thirty  days' 
notice  in  writing  from  the  secretary,  unless  within  said  time 
fee  is  paid,  together  with  such  penalty,  not  exceeding  $10, 
as  the  board  may  impose :  Provided,  The  board  may  reduce  or 
remit  such  fee  for  any  year,  but  such  reduction  or  remission 
must  be  made  alike  to  all  liable  to  pay  the  same. 

Section  23.  Board  or  Member  May  Make  Complaint. — 
The  board  or  any  member  or  officer  thereof  may  make  a 
complaint  for  the  violation  of  any  of  the  provisions  of  this 
act;  and  the  board,  by  its  officers,  counsel,  and  agents  may 
aid  in  presenting  the  law  or  facts  in  any  proceeding  taken 
thereon;  an  injunction  shall  lie  at  the  suit  of  the  board  to 
restrain  any  unlicensed  person,  or  one  whose  license  has 
been  revoked  from  practising  dentistry  in  this  State. 

VERMONT 

1904,  November  29,  act  No.  135,  p.  178. 

Sections  1  and  2.  Board  of  Dental  Examiners  Created. 
Meetings. 

Section  3.  Upon  the  payment  of  a  fee  of  twenty-five 
dollars,  the  Board  of  Dental  Examiners  shall,  at  its  meetings, 
examine  applications  and  grant  licenses  to  such  applicants 
as  they  shall  find  qualified.  An  applicant  who  fails  to  pass  a 
satisfactory  examination  shall  be  entitled  to  a  reexamination 
at  any  future  meeting  of  the  board  without  fee,  but  for  any 
subsequent  examination  a  fee  of  five  dollars  shall  be  paid. 

Section  4.    Compensation  of  board. 

Section  5.  If  any  person  without  a  license  practises 
dentistry  he  shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars  and  not  less  than  twenty-five  dollars.  But 
this  section  shall  not  apply  to  extracting  teeth. 

Section  6.  The  Board  of  Dental  Examiners  shall  keep  a 
book  in  which  it  shall  enter  the  name  of  each  person  licensed 
as  provided  for  by  this  act. 

Section  7.  A  person  who  receives  a  license  from  the 
Board  of  Dental  Examiners  shall,  within  thirty  days  from 


VIRGINIA  351 

the  date  thereof,  cause  it  to  be  recorded  in  the  office  of  the 
Secretary  of  State,  who  shall  be  entitled  to  a  fee  of  fifty  cents 
for  recording  the  same. 

Section  8.  If  a  person  does  not  cause  his  license  to  be 
recorded  within  the  time  recj[uired  by  the  preceding  section, 
he  shall  forfeit  the  same,  and  shall  not  be  relicensed  until  he 
has  paid  the  board  a  fee  of  twent}'-five  collars. 

Section  9.  The  Board  of  Dental  Examiners  may  without 
examination  issue  a  license  to  practise  to  any  dentist  who 
shall  have  been  in  legal  practice  in  some  other  State  or 
Territory  for  a  period  of  at  least  five  years,  upon  the  certifi- 
cate of  the  Board  of  Dental  Examiners  or  a  like  board  of  the 
State  or  Territory  in  which  such  dentist  was  a  practitioner 
certifying  his  competency  and  that  he  is  of  good  moral 
character ;  and  upon  the  payment  of  twenty-five  dollars. 

Section  10.  Any  duly  licensed  dentist  of  this  State  who 
is  desirous  of  changing  his  residence  to  that  of  another  State 
shall  upon  application  to  the  Board  of  Dental  Examiners 
receive  a  certificate  which  shall  attest  that  he  is  a  duly 
licensed  dentist  in  the  State  of  Vermont.  The  same  shall  be 
given  without  fee. 

Section  11.    Duties  of  treasurer  of  the  board. 

Section  12.  Chapter  191  of  the  Vermont  Statutes  and  all 
amendments  thereto  are  hereby  repealed. 


VIRGINIA 

Code  of  Virginia,  Vol.  I,  p.  933. 

Section  1767.  WJio  May  Practise  Dentistry. — From  and 
after  the  passage  of  this  act  it  shall  be  unlawful  for  any  person 
to  engage  in  the  practice  of  dentistry  in  the  Commonwealth 
of  Virginia  or  to  assist  in  the  practice  of  dentistry  for  com- 
pensation as  either  assistant  or  employee,  or  to  receive 
license  from  any  commissioner  of  the  revenue  unless  such 
person  shall  have  obtained  a  certificate  from  the  board  of 
examiners,  as  provided  in  section  seventeen  hundred  and 
sixty-nine  of  this  chapter,  as  herein  amended  and  re-enacted : 


352     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Provided,  That  persons  who  held  license  to  practise  dentistry 
in  this  commonwealth  on  the  twenty-eighth  day  of  January, 
eighteen  hundred  and  ninety,  or  who  have  been  authorized 
and  empowered  to  practise  dentistry  under  any  special 
enabling  act  of  the  General  Assembly  passed  prior  to  the 
tenth  day  of  July,  nineteen  hundred  and  two,  and  have  com- 
plied with  the  requirements  of  section  seventeen  hundred 
and  seventy-four,  as  herein  amended  and  re-enacted,  shall 
be  otherwise  exempt  from  the  provisions  of  this  section: 
Provided,  further.  That  nothing  contained  in  this  section  shall 
prevent  any  authorized  physician  or  surgeon  from  extracting 
teeth,  or  any  other  person  from  extracting  teeth  for  anyone 
suffering  from  toothache,  or  to  prevent  a  bona  fide  student 
in  regular  attendance  upon  any  dental  college  in  this  State 
from  practising  dentistry,  under  the  direct  supervision  of  one 
of  its  teachers,  in  the  regular  infirmary  of  such  college.  (As 
amended  1910,  February  25;  Chap.  45,  p.  61.) 

Section  1768.  Board  of  Examiners;  Their  Appointment 
and  Terms. — The  board  of  examiners  shall  consist  of  six 
practitioners  of  dentistry,  of  acknowledged  ability  in  the 
profession,  to  be  appointed  by  the  governor.  The  board  shall 
continue  to  be  divided  into  three  classes  with  two  members 
each,  one  of  which  classes  shall  go  out  of  office  each  succeed- 
ing year;  and  the  governor  shall  annually  appoint  the  suc- 
cessors of  each  class,  as  it  goes  out,  for  the  term  of  three 
years.  He  shall  make  the  appointments  in  each  case  from 
four  persons  who  shall  be  nominated  by  the  Virginia  State 
Dental  Association  and  reside  in  different  sections  of  the 
State.  All  vacancies  for  unexpired  terms  shall  be  filled  by  the 
Governor  on  nominations  made  by  the  board.  If  no  nomina- 
tions be  made  by  the  said  association  or  board,  as  the  case 
may  be,  or  the  nominations  made  be  not  approved  by  the 
Governor,  he  shall  appoint  such  persons  as  he  may  deem  fit. 

Section  1769.  Their  Duties  and  Powers. — It  shall  be  the 
duty  of  this  board: 

First.  Meetings. — To  meet  annually  at  the  time  and  place 
of  meeting  of  the  Virginia  State  Dental  Association,  or  at 
such  other  time  and  place  as  the  board  shall  agree  upon,  to 


VIRGINIA  353 

conduct  the  examination  of  applicants.  They  shall  also  meet 
for  the  same  purpose  at  the  call  of  any  four  members  of  the 
board  at  such  time  and  place  as  may  be  designated  by  said 
members.  Thirty  days'  notice  of  the  meetings  shall  be  given 
by  advertising  in  at  least  two  of  the  daily  papers  published 
in  the  State. 

Second.  Examination  of  Applicants,  et  cetera. — To  grant 
a  certificate  of  ability  to  practise  dentistry  to  all  applicants 
who  undergo  a  satisfactory  examination  and  receive  at  least 
four  affirmative  votes,  which  certificate  shall  be  signed  by 
the  members  of  the  board  and  be  stamped  with  a  suitable 
seal  (which  they  may  adopt). 

Third.  Registry. — To  keep  a  book  in  which  shall  be  regis- 
tered the  name  and  qualification  (as  far  as  practicable)  of 
every  person  to  whom  such  certificate  is  granted. 

Fourth.  Temporary  certificates. — Any  member  of  the 
board  designated  by  the  president  thereof  may,  upon  presen- 
tation by  any  applicant  of  the  evidence  of  the  necessary 
qualifications  to  practise  dentistry  under  this  chapter,  grant 
a  temporary  license  to  practise  until  the  next  meeting  of  the 
board  and  no  longer:  Provided,  That  no  such  temporary 
license  shall  be  granted  to  any  person  who  has  been  rejected 
on  an  examination  by  the  board.  All  such  temporary  licenses 
shall  be  signed  by  the  president  and  secretary  of  the  board. 
(As  amended  1906,  March  12;  Chap.  154,  p.  239.) 

Section  1770.  Transcripts  from  Record  Book;  Evidence. — 
The  book  so  kept  shall  be  a  book  of  record,  and  transcripts 
from  it,  certified  by  the  officer  who  has  it  in  keeping,  with 
the  seal  of  the  board  affixed,  shall  be  evidence  in  any  court 
of  this  State. 

Section  1771 .  Quorum. — Four  members  of  the  board  shall 
constitute  a  quorum;  and  should  a  quorum  not  be  present 
on  any  day  appointed  for  their  meeting,  those  present  may 
adjourn  from  time  to  time  until  a  quorum  be  present. 

Section  1772.  Penalties. — Any  person  who  shall  in  viola- 
tion of  this  chapter  practise  dentistry  in  this  State  shall  on 
conviction  thereof  be  fined  not  less  than  fifty  nor  more  than 
two  hundred  dollars,  and  shall  not  be  entitled  to  any  fee  for 
23 


354     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

services  rendered;  and  if  a  fee  ahall  have  been  paid  the 
patient  may  recover  back  the  same.  On  the  trial  of  any 
person  charged  with  violation  of  any  of  the  provisions  of  this 
chapter  it  shall  be  incumbent  on  the  defendant  to  show  that 
he  has  authority  under  the  law  to  practise  dentistry  in  this 
State  in  order  to  relieve  himself  from  the  penalties  herein 
prescribed.  Any  commissioner  of  the  revenue  who  shall  in 
violation  of  section  seventeen  hundred  and  sixty-seven  issue 
a  license  to  any  person  not  authorized  to  practise  dentistry 
by  this  chapter  shall  upon  conviction  thereof  be  fined  not 
less  than  twenty  nor  more  than  fifty  dollars,  and  no  license 
issued  by  any  commissioner  in  violation  of  this  chapter  shall 
be  valid. 

Section  1773.  Disposition  of  Fines. — (Repealed,  1902- 
3-4,  p.  753,  having  been  previously  amended,  1885-6,  p.  230.) 

Section  1774.  Dentists  Required  to  Register. — Every 
person  practising  dentistry  in  the  Commonwealth  of  Virginia, 
at  the  time  of  the  passage  of  this  act,  shall  annually  register 
his  name  and  post-office  address  with  the  Board  of  Examiners 
before  renewing  his  license,  and  it  shall  be  the  duty  of  the 
board  to  issue  to  each  person  so  registered  a  certificate  of 
registration  stamped  with  the  seal  of  the  board,  and  signed 
by  its  secretary.  Such  person  so  registered  may  continue 
such  practice  without  incurring  any  of  the  liabilities  imposed 
by  this  chapter  by  annually  causing  his  name  and  residence 
or  place  of  business  to  be  registered  by  such  board,  who  shall 
keep  a  book  for  that  purpose.  Such  registration  may  be  made 
by  furnishing  proof  of  the  fact  of  being  then  so  engaged  in  the 
manner  presqribed  by  law.  All  persons  holding  a  certificate 
of  ability  from  said  board  shall  annually  register  in  like 
manner.  A  certified  list  of  the  persons  registered  from  each 
city  or  county  shall  be  furnished  the  clerk  thereof,  except 
that  in  the  city  of  Richmond  such  list  shall  be  furnished  the 
clerk  of  the  chancery  court  of  said  city,  and  the  names  on 
such  lists  shall  be  at  once  recorded  by  such  clerk  in  a  book  to  be 
kept  for  that  purpose,  for  which  he  shall  receive  a  fee  of  fifty 
cents  for  each  certificate  of  the  persons  so  recorded  to  be  paid 
by  said  board.     Every  person  who,  prior  to  the  passage  of 


VIRGINIA  355 

this  act,  was  duly  authorized  by  said  board  to  practise  den- 
tistry in  this  State,  and  whose  certificate  is  duly  recorded  as 
herein  prescribed,  shall  be  allowed  to  practise.  But  no  license 
to  practise  dentistry  shall  be  issued  by  any  commissioner  of 
the  revenue  to  any  person  whose  name  is  not  so  recorded  in 
the  clerk's  office  of  the  city  or  county,  as  herein  prescribed, 
and  any  person  who  shall  engage  in  the  practice  of  dentistry 
and  fail  to  register  annually,  as  herein  provided,  shall,  after 
ninety  days'  notice  in  writing  from  said  board  of  such  neglect, 
be  liable  to  the  penalties  prescribed  in  section  seventeen 
hundred  and  seventv-two  of  this  chapter.  (As  amended 
1906,  March  12;  Chap.  154,  p.  239.) 

Section  1775.  Fees  from  AjypUcants  and  Registration. — 
Said  board  shall  charge  each  person  who  appears  before  them 
for  examination  a  fee  of  ten  dollars,  and  shall  charge  for  each 
person  registering  one  dollar.  From  the  funds  so  received, 
all  proper  and  reasonable  expenses  of  the  board,  and  each  of 
its  members,  incurred  in  carrying  out,  maintaining  and  en- 
forcing the  provisions  of  this  chapter,  may  be  paid.  No  part 
of  such  expenses  shall  be  paid  out  of  the  State  treasury.  Any 
excess  of  receipts  over  disbursements  shall  be  held  by  the 
board  to  meet  future  expenses  of  the  board  and  members. 
The  secretary  of  the  board  shall  have  custody  of  its  funds 
and  may  be  required  to  give  a  bond  in  such  terms  as  the 
board  may  direct.  An  annual  report  of  the  proceedings  of 
the  board,  containing  an  account  of  all  moneys  received  and 
disbursed,  pursuant  to  this  chapter,  shall  be  made  to  the 
Governor  on  the  first  day  of  P'ebruary  of  each  year.  (As 
amended  190(3,  ^larch  12-  Chap.  154,  p.  241.) 

1910,  March  14,  Acts  of  Assembly,  p.  267. 

Recognizing  that  dentistry  is  a  specialty  of  medicine  and 
surgery ;  therefore : 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Vir- 
ginia, That  after  this  act  goes  into  effect  it  shall  be  unlawful 
for  any  person  to  engage  in  the  practice  of  this  specialty  for 
compensation  as  either  assistant  or  employee  or  to  receive 
a  license  from  any  commissioner  of  the  revenue  to  practise 


356     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

this  specialty  except  he  shall  have  passed  the  examinations 
provided  for  by  this  act  and  received  the  certificates  herein 
provided,  and  any  person  practising  this  specialty  in  this 
State  without  having  passed  examinations  and  received 
certificates  as  herein  provided  shall  be  deemed  guilty  of  a 
misdemeanor  and,  upon  conviction  thereof,  shall  be  fined  not 
less  than  one  hundred  dollars  nor  more  than  two  hundred  and 
fifty  dollars  for  the  first  ofi^ence,  and  for  the  second  offence  a 
fine  of  not  less  than  five  hundred  dollars,  or  imprisonment  of 
from  three  to  twelve  months  in  jail,  or  both,  in  the  discretion 
of  the  jury.  Nor  shall  such  person  receive  any  compensation 
for  services  rendered  by  him;  provided  that  nothing  con- 
tained in  this  section  shall  prevent  any  authorized  physician 
or  surgeon  from  extracting  teeth,  or  any  other  person  from 
extracting  teeth  for  anyone  suffering  from  toothache,  or  to 
prevent  a  bona  fide  student  in  regular  attendance  upon  any 
dental  college  in  this  State  from  practising  dentistry  under 
the  direct  supervision  of  one  of  its  teachers  in  the  regular 
infirmary  of  such  college. 

On  the  trial  of  any  person  charged  with  violation  of  any  of 
the  provisions  of  this  act  it  shall  be  incumbent  on  the  de- 
fendant to  show  that  he  has  authority  under  the  law  to 
practise  this  specialty  in  this  State  in  order  to  relieve  himself 
from  the  penalties  herein  prescribed. 

Any  commissioner  of  the  revenue  who  shall,  in  violation  of 
section  one,  issue  a  license  to  any  person  not  authorized  to 
practise  this  specialty  by  this  act,  shall,  upon  conviction 
thereof,  be  fined  not  less  than  twenty  dollars  nor  more  than 
fifty  dollars  and  no  license  issued  by  any  commissioner  in 
violation  of  this  act  shall  be  valid. 

Section  2.  From  and  after  January  1,  1914,  the  practice 
of  this  specialty  in  this  State  shall  be  a  branch  or  specialty  of 
medicine  and  surgery,  and  no  person,  after  this  act  goes  into 
effect,  shall  be  given  the  examination  or  certificate  required 
by  section  four  of  this  act  unless  he  shall  first  show  to  the 
satisfaction  of  the  examining  board  provided  herein  that  he 
has  passed  the  examination  provided  by  law  for  applicants 
to  practise  medicine  or  surgery  and  has  received  from  the 


VIRGINIA  357 

Virginia  State  Board  of  Medical  Examiners  the  certificate 
thereof  required  by  law  to  be  given  by  them  to  such  appli- 
cants. 

Section  3.  There  shall  be  for  the  commonwealth  of  Vir- 
ginia a  Board  of  Dental  Examiners,  consisting  of  three 
practitioners  of  dentistry  of  recognized  ability  in  the  pro- 
fession, to  be  appointed  by  the  Governor  upon  recommenda- 
tion of  the  Virginia  State  Dental  Association.  Such  exami- 
ners shall  hold  office  for  a  term  of  three  years. 

The  board  shall  continue  to  be  divided  into  three  classes 
with  one  member  each,  one  of  which  classes  shall  go  out  of 
office  each  succeeding  year.  And  the  Governor  shall  annually 
appoint  the  successors  of  each  class,  as  it  goes  out  of  office, 
for  the  term  of  three  years.  He  shall  make  the  appointments 
in  each  case  from  two  persons,  who  shall  be  nominated  by 
the  Virginia  State  Dental  Association  and  reside  in  different 
sections  of  the  State. 

All  vacancies  for  unexpired  terms  shall  be  filled  by  the 
Governor  on  nominations  made  by  the  board.  If  no  such 
nominations  be  made,  the  Governor  may  appoint  such 
persons  he  may  deem  fit. 

Section  4.  It  shall  be  the  duty  of  this  board  to  meet 
annually  at  a  time  and  place  of  meeting  of  the  Virginia 
Dental  Association  or  at  such  time  and  place  as  the  board  may 
agree  upon,  to  conduct  the  examinations  of  the  applicants. 
The}^  may  also  meet  for  the  same  purpose  at  the  call  of  two 
members  of  the  board  at  such  time  and  place  as  may  be 
designated  by  them.  Thirty  days'  notice  of  the  meetings 
shall  be  given  by  advertising  in  at  least  two  of  the  daily 
papers  published  in  the  State.  It  shall  be  the  duty  of  the 
said  board  to  grant  a  certificate  to  practise  this  specialty  to 
all  applicants  who  undergo  the  State  examination  and  receive 
at  least  two  votes,  which  certificates  shall  be  signed  by  the 
members  of  the  board  and  be  stamped  with  a  suitable  seal. 
It  shall  further  be  the  duty  of  such  board  to  register  the 
name  and  qualifications,  as  far  as  practicable,  of  every 
person  to  whom  such  certificate  is  granted  in  a  book  to  be 
kept  for  that  purpose. 


358     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  5.  Any  member  of  the  board  may,  upon  presenta- 
tion by  any  applicant  of  the  evidence  of  the  necessary 
quahfications  to  practise  this  specialty  under  this  act,  grant 
a  temporary  license  to  practise  until  the  next  meeting  of  the 
board  and  no  longer,  provided  that  no  such  temporary  license 
shall  be  granted  to  any  person  who  has  not  passed  the  exami- 
nation and  obtained  the  certificate  of  the  Virginia  State 
Board  of  Medical  Examiners. 

Section  6.  The  book  provided  for  by  section  four  shall 
be  a  book  of  record,  and  transcripts  from  it,  certified  by  the 
officer  who  has  it  in  keeping,  with  the  seal  of  the  board 
affixed,  shall  be  evidence  in  any  court  of  the  State. 

Section  7.  Every  person  practising  this  specialty  in  the 
Commonwealth  of  Virginia  at  the  time  of  the  passage  of  this 
act  shall  annually  register  his  name  and  postoffice  with  the 
board  of  examiners  before  renewing  his  license,  and  it  shall 
be  the  duty  of  the  board  to  issue  to  each  person  so  registered 
a  certificate  of  registration  stamped  with  the  seal  of  the 
board  and  signed  by  its  secretary.  Such  person  so  registered 
may  continue  such  practice  without  incurring  any  of  the 
liabilities  imposed  by  this  chapter  by  annually  causing  his 
name  and  residence  or  place  of  business  to  be  registered  by 
such  board,  who  shall  keep  a  book  for  that  purpose.  Such 
registration  may  be  made  by  furnishing  proof  of  the  fact  of 
being  then  so  engaged  in  the  manner  prescribed  by  law.  All 
persons  holding  a  certificate  of  ability  from  said  board  shall 
annually  register  in  like  manner.  A  certified  list  of  the  per- 
sons registered  from  each  city  or  county  shall  be  furnished 
the  clerk  thereof,  except  that  in  the  city  of  Richmond  such 
list  shall  be  furnished  the  clerk  of  the  chancery  court  of  said 
city,  and  each  name  on  such  list  shall  be  at  once  recorded 
by  such  clerk  in  a  book  to  be  kept  for  that  purpose,  for  which 
he  shall  receive  a  fee  of  fifty  cents  for  each  certificate  of  the 
person  so  recorded,  to  be  paid  by  said  board.  Every  person 
who  prior  to  the  passage  of  this  act  was  duly  authorized  by 
said  board  to  practise  this  specialty  in  this  State,  and  whose 
certificate  is  duly  registered  and  recorded  as  herein  pre- 
scribed, shall  be  allowed  to  continue  to  so  practise.    But  no 


WASHINGTON  359 

license  to  practise  this  specialty  shall  be  issued  by  any  com- 
missioner of  the  revenue  to  any  person  whose  name  is  not  so 
recorded  in  the  clerk's  office  of  the  city  or  county  as  herein 
prescribed,  and  any  person  who  shall  engage  in  the  practice 
of  this  specialty  and  fail  to  register  with  the  board  as  herein 
prescribed,  shall,  after  ninety  days'  notice  in  writing  from  said 
board  of  such  neglect,  be  liable  to  the  penalties  prescribed 
in  this  act. 

Section  8.  Said  board  shall  charge  each  person  who 
appears  before  them  for  examination  a  fee  of  two  dollars  for 
each  examination,  and  shall  charge  for  each  person  registering 
one  dollar.  From  the  funds  received  all  proper  and  reason- 
able expenses  of  the  board  and  each  of  its  members,  incurred 
in  carrying  out  and  maintaining  and  enforcing  the  provisions 
of  this  chapter,  must  be  paid.  No  part  of  such  expense  shall 
be  paid  out  of  the  State  treasury.  Any  excess  of  receipts  over 
disbursements  shall  be  paid  by  the  board  to  meet  future 
expenses  of  the  board  and  members.  The  secretary  of  the 
board  shall  have  custody  of  its  funds  and  may  be  required 
to  give  bond  in  such  terms  as  the  board  may  direct.  An 
itemized  report  of  the  proceedings  of  the  board,  containing 
an  account  of  all  moneys  received  and  disbursed  pursuant 
to  this  chapter,  shall  be  made  to  the  governor  on  the  first  day 
of  February  of  each  year. 

Section  9.  This  act  shall  be  in  force  from  and  after 
the  first  day  of  January,  nineteen  hundred  and  fourteen, 
Anno  Domini. 

WASHINGTON 

Remmington  and  Ballinger's  Annotated  Codes  and 
Statutes.     Vol.  II,  1910. 

Section  8412.    Dental  Examiners. 

Section  8413.  Board  of  Examiners;  Appointment,  Terms, 
etc. 

Section  8414.    Oath  of  Office. 

Section  8415.    Organization;  Meetings,  Notice  of 

Section  8416.  Examinations;  Certificate.  Any  person 
or  persons  seeking  to  practise  dentistry  in  the  State  of 


360     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Washington,  or  to  (own)  operate  or  cause  to  be  operated, 
(or  to  run  or  manage)  a  dental  office  or  place  for  the  practice 
of  dentistry  in  the  State  of  Washington  after  the  passage  of 
this  act,  shall  file  his  or  her  name,  together  with  an  applica- 
tion for  examination,  with  the  secretary  of  the  State  Board 
of  Dental  Examiners,  and  at  the  time  of  making  such  appli- 
cation shall  pay  to  the  secretary  of  the  board  a  fee  of  twenty- 
five  dollars,  and  to  present  him  or  herself  at  the  first  regular 
meeting  thereafter  of  said  board  to  undergo  examination 
before  that  body.  No  person  shall  be  eligible  for  such  an 
examination  unless  he  or  she  shall  be  of  good  moral  char- 
acter and  shall  present  to  said  board  his  or  her  diploma  from 
some  dental  college  in  good  standing  and  shall  give  satis- 
factory evidence  of  his  or  her  rightful  possession  of  the  same : 
Provided,  that  this  section  shall  not  apply  to  persons  engaged 
in  the  practice  of  dentistry  at  the  time  of  the  passage  of  this 
act  who  are  bona  fide  citizens  of  the  State  of  Washington. 
All  persons  successfully  passing  such  examination  shall  be 
registered  as  licensed  dentists  in  the  board  register  as  herein- 
after provided  and  also  receive  a  certificate,  said  certificate 
to  be  signed  by  the  president  and  secretary  of  said  board  and 
in  substantially  the  following  form:    to  wit: 

This  is  to  certify  that is  hereby  licensed 

to  practise  dentistry  in  the  State  of  Washington.  This 
certificate  must  be  filed  for  record  in  the  office  of  the  auditor 
of  any  county  in  which  the  party  holding  such  certificate 
desires  to  practise,  and  it  is  unlawful  for  him  or  her  to  practise 
dentistry  in  any  county  in  which  said  certificate  is  not  filed 
for  record. 

Dated  at  ...  .  this  ....  day  of  .  .  .  .,  a.d.  19  .  .  . 

Section  8417.  Certificate  to  be  Recorded. — The  certificates 
in  this  chapter  provided  for  shall  entitle  the  holder  thereof  to 
practise  dentistry  in  any  county  in  the  State  of  Washington. 
Provided,  such  certificate  shall  first  be  filed  for  record  in  the 
office  of  the  auditor  of  the  county  in  which  such  holder  desires 
to  practise,  and  nothing  herein  contained  shall  be  construed 
to  permit  any  holder  of  any  certificate  to  practise  in  any 
county  in  this  State  unless  such  certificate  shall  have  been 


WASHINGTON  361 

first  recorded  in  the  office  of  the  auditor  of  such  county  as 
herein  provided :  Provided,  further.  That  any  such  holder  of  a 
certificate  may  practise  in  more  than  one  or  any  number  of 
counties  in  this  State  on  having  such  certificate  recorded  in 
each  of  such  counties  in  which  such  holder  desires  to  so 
practise.  Said  Board  of  Dental  Examiners  shall,  upon  satis- 
factory proof  of  the  loss  of  any  certificate  issued  under  the 
provisions  of  this  chapter,  issue  a  new  certificate  in  place 
thereof.  Any  person  failing  to  pass  the  first  examination 
successfully  may  demand  a  second  examination  at  a  subse- 
quent meeting  of  said  board,  and  no  fee  shall  be  charged  to 
(for)  said  examination:  Provided,  That  the  second  examina- 
tion is  taken  before  the  expiration  of  one  year. 

Section  8418.  Register  of  Practising  Dentists;  Certificate. 
— Every  person  having  been  admitted  to  the  practice  of 
dentistry  by  said  board  in  this  State  after  the  approval  of 
this  act  shall  on  or  before  the  first  day  of  July,  1901,  cause 
his  or  her  name,  residence,  and  place  of  business  to  be  regis- 
tered with  the  Board  of  Dental  Examiners,  if  not  already 
registered.  A  statement  of  every  such  person  that  he  was 
engaged  in  the  practice  of  dentistry  in  this  State  at  the  time 
of  approval  of  this  act  shall  be  verified  under  oath  by  him 
and  placed  with  the  Board  of  Examiners.  It  shall  be  the  duty 
of  the  secretary  of  the  said  board  to  send  to  each  person 
registered  under  the  provisions  of  this  act  without  fee  a 
certificate  similar  in  form  to  the  other  certificate  provided 
for  by  this  act,  signed  by  the  president  and  the  secretary  of 
said  Board  of  Examiners,  which  certificate  the  holder  thereof 
shall  have  recorded  with  the  count}'  auditor  of  the  county  in 
which  the  holder  desires  to  practise,  within  ninety  days  from 
the  date  of  said  certificate. 

Section  8419.  Firms  to  Display  Names  of  Employees. — 
Hereafter  if  any  association  or  company  of  persons,  whether 
incorporated  or  not,  shall  engage  in  the  practice  of  dentistry 
under  the  name  of  "company,"  "association,"  or  any  other 
title,  said  company  or  association  shall  cause  to  be  displayed 
and  kept  in  a  conspicuous  place  at  the  entrance  to  its  place 
of  business  the  name  of  each  and  every  person  employed  by 


362     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

said  company  or  association  in  the  practice  of  dentistry;  and 
any  person  employed  by  such  company  or  association  whose 
names  shall  not  be  displayed  as  above  provided,  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof 
shall  be  punished  as  hereinafter  provided,  and  the  said 
association  or  company  if  incorporated,  or  the  persons  com- 
prising the  same  if  not  incorporated,  shall  for  such  failure 
to  display  the  aforesaid  name  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof,  shall  be  punished  as  hereinafter 
provided. 

Section  8420.  Auditor's  Record. — The  county  auditor  of 
each  county  is  required  to  record,  in  a  special  book  to  be 
kept  by  him  for  that  purpose,  all  certificates  issued  under 
the  provisions  of  this  chapter  which  may  be  presented  to  him 
for  that  purpose.  After  the  record  of  any  such  certificate, 
such  auditor  sh^ll  return  the  same  with  a  certificate  of  its 
record  to  the  party  entitled  to  the  same.  Said  auditor  shall 
receive  for  such  filing  and  record  a  fee  of  one  dollar. 

Section  8421.  Penalty. — Any  person  who,  as  principal, 
agent,  employer,  employee  or  assistant,  who  in  any  manner 
whatsoever  shall  practise  dentistry  or  who  shall  own,  run, 
operate  or  cause  to  be  operated,  or  manage  a  dental  office 
or  headquarters  in  the  State  of  Washington  without  having 
first  filed  for  record  and  had  recorded  in  the  office  of  the 
auditor  of  the  county  wherein  he  shall  so  practise  or  do 
such  act,  a  certificate  from  said  Board  of  Dental  Examiners 
as  herein  provided  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  shall  be  fined  in  any  sum  not  less  than  fifty 
dollars,  nor  more  than  two  hundred  dollars,  or  be  confined 
for  any  period  not  exceeding  six  months  in  the  county  jail 
for  each  and  every  offence:  Provided,  The  foregoing  pro- 
visions of  this  section  shall  not,  prior  to  the  tenth  daj^  of 
July,  1901,  apply  to  any  person  who  shall  be  practising  den- 
tistry in  this  State  at  the  time  of  the  passage  of  this  act  and 
whose  name  shall  be  registered  under  the  provisions  of  this 
act  in  the  records  of  said  board.  After  said  tenth  day  of 
July,  1901,  all  of  the  provisions  of  this  section  shall  apply  to 
all  persons  whomsoever.    All  fines  recovered  under  this  act 


WEST   VIRGINIA  363 

shall  be  paid  into  the  common  school  fund  of  the  county  in 
which  the  conviction  is  had. 

Section  8422.  Certificate  of  Auditor  as  Evidence. — In  any 
prosecution  for  misdemeanor  under  the  provisions  of  this 
chapter,  the  certificate  of  the  county  auditor  of  the  county 
within  which  such  misdemeanor  is  alleged  to  have  been  com- 
mitted, to  the  effect  that  there  is  no  certificate  of  the  Board 
of  Dental  Examiners  of  this  State  on  file  in  such  auditor's 
office,  issued  under  the  provisions  of  this  chapter  to  the  person 
accused  of  such  misdemeanor,  shall  be  sufficient  proof  prima 
facie  that  such  person  is  not  entitled  to  practise  dentistry  in 
such  county. 

Section  8423.    Fees;  Compensation  of  Board. 

Section  8424.  Practising  Dentistry  Defined. — x411  persons 
shall  be  said  to  be  practising  dentistry  within  the  meaning 
of  this  chapter  who  shall  contrary  to  this  act  for  fee,  or 
salary  or  other  reward  paid  either  to  himself  or  to  another 
person  for  operations  or  parts  of  operations  of  an}"  kind,  treat 
diseases  or  lesions  of  the  human  teeth  or  jaws  or  correct  mal- 
positions thereof,  or  who  shall  own,  run,  or  manage  a  dental 
office  or  department  in  the  State  of  Washington,  without 
registering  and  procuring  the  license  as  herein  provided. 


WEST  VIRGINIA 

West  Virginia  Code,  1907,  Supplement. 

Section  4419.  It  shall  be  unlawful  for  any  person  who  is 
not  at  the  time  of  the  passage  of  this  act  lawfully  engaged  in 
the  practice  of  dentistry  in  this  State  to  practise  dentistry 
therein,  unless  such  person  shall  have  obtained  a  certificate 
as  hereinafter  provided.  A  board  of  examiners  to  consist  of 
five  practising  dentists  is  hereby  created,  whose  duty  it  shall 
be  to  carry  out  the  purpose  and  enforce  the  provisions  of  this 
act;  the  members  of  said  board  shall  be  appointed  by  the 
Governor;  the  term  for  which  the  members  of  said  board  shall 
hold  their  office  shall  be  four  years,  except  that  two  of  the 
members  of  the  board  first  to  be  appointed  under  this  act 


364     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

shall  hold  their  office  for  the  term  of  two  3'ears,  two  for  the 
term  of  three  years,  and  one  for  the  term  of  four  years 
respectively,  and  until  their  successors  shall  have  been 
appointed  and  qualified;  in  case  of  a  vacancy  occurring  in 
said  board,  such  vacancy  shall  be  filled  by  the  governor  as 
hereinbefore  provided;  each  member  of  said  board  shall  take 
the  oath  prescribed  by  the  constitution  of  this  State;  said 
board  shall  choose  one  of  its  members  president  and  one, 
the  secretary  and  treasurer  thereof,  and  it  shall  meet  on  the 
second  Wednesday  in  June  in  each  year,  and  as  much  oftener 
and  at  such  time  and  place  as  a  majority  of  the  board  may 
decide  upon;  the  secretary  and  treasurer  shall  keep  a  record 
of  all  the  transactions  of  the  board  in  a  minute  book  which 
the  board  shall  provide  for  that  purpose,  and  shall  make  an 
annual  report  to  the  Governor;  a  majority  of  the  board  shall 
at  all  times  constitute  a  quorum.  Any  person  who  desires 
to  begin  the  practice  of  dentistry  in  the  State  of  West  Vir- 
ginia after  the  passage  of  this  act,  shall  file  an  application 
for  examination  Ts-ith  the  secretary  of  the  State  Board  of 
Dental  Examiners  at  least  one  week  before  the  regular  meet- 
ing, and  shall  present  himself  at  the  first  regular  meeting 
thereafter  of  such  board  to  undergo  examination  before  that 
body;  any  person  successfully  passing  such  examination  shall 
be  registered  as  hereinafter  provided  and  also  receive  a  cer- 
tificate from  said  board.  It  shall  be  the  duty  of  every  person 
la\\'fully  engaged  in  the  practice  of  dentistry  in  this  State, 
upon  the  passage  of  this  act,  to  cause  his  or  her  name,  resi- 
dence, date  of  diploma  or  license,  to  be  registered  with  the 
secretary  of  the  State  Board  of  Dental  Examiners  within 
ninety  days  after  the  passage  of  this  act.  The  board  may, 
without  examination  as  above  provided,  issue  a  certificate 
to  any  applicant  who  shall  furnish  satisfactory  proof  to  the 
board  that  he  is  a  graduate  of  a  reputable  dental  college, 
as  determined  by  the  board,  and  that  he  has  been  licensed 
after  examination  by  a  State  Board  of  Dental  Examiners, 
that  recognizes  this  interchangeable  clause.  Any  person  who 
shall  recei\-e  a  certificate  from  the  board  without  examination 
under  this  pro\-ision  shall  also  be  registered  as  hereinafter 


WEST  VIRGINIA  365 

provided.  All  persons  who  shall  be  understood  to  be  prac- 
tising dentistry  within  the  meaning  of  this  act  who  shall  for  a 
fee,  salary,  or  reward  paid  either  to  himself  or  some  other 
person,  perform  operations  or  parts  of  operations  of  any  kind ; 
treat  diseases  or  lesions  of  the  human  teeth  or  jaw,  or  manu- 
facture or  insert  artificial  dentures,  fixtures  or  appliances  for 
restoration,  regulation  or  improvement  of  the  dental  organs, 
or  who  shall  display  a  sign  or  in  any  way  advertise  himself 
as  a  dentist,  and  any  person  who  shall,  after  this  act  takes 
effect,  use  any  other  than  his  or  her  individual  name,  or  in 
case  of  a  firm,  the  names  of  the  individuals  composing  the 
firm  for  the  purpose  as  a  dentist,  shall  be  liable  to  the  pen- 
alties hereinafter  prescribed  for  every  violation  of  the  pro- 
visions of  this  act:  Provided,  That  nothing  in  this  act  con- 
tained shall  apply  to  bona  fide  students  of  dentistry  in  pursuit 
of  clinical  advantages  in  the  office  of,  and  under  the  imme- 
diate supervision  of  a  licensed  dentist  in  this  State,  or  shall 
prevent  any  person  from  extracting  teeth  with  or  without 
compensation  in  an  emergency;  any  person  who  shall  in 
violation  of  this  act  practise  dentistry  in  the  State  of  West 
Virginia,  shall  be  liable  to  prosecution  and  upon  conviction 
of  such  person  so  offending,  he  shall  be  fined  not  less  than 
fifty  dollars  nor  more  than  two  hundred  dollars  or  confined 
in  the  county  jail  not  less  than  one,  nor  more  than  three 
months  or  both  for  each  and  every  oftense;  provided,  that 
any  person  so  convicted  shall  not  be  entitled  to  an}^  fee  for 
services  rendered,  and  if  a  fee  has  been  paid,  the  patient  or 
his  or  her  guardian  or  heir  may  recover  the  same  as  debts  of 
like  amount  are  now  recovered  by  law.  All  fines  collected 
under  this  act  shall  inure  to  the  common  school  fund. 

It  shall  also  be  the  duty  of  said  board  to  issue  a  certificate 
to  any  applicant  who  shall  furnish  satisfactory  proof  that  he 
was  engaged  in  the  practice  of  dentistry  in  the  State  of  West 
Virginia  before  the  passage  of  any  law  of  said  State  regulating 
such  practice,  and  that  since  said  time  such  applicant  has 
been  continuous!}^  engaged  in  the  practice  of  dentistry  in  this 
State.  To  provide  for  the  proper  and  effective  enforcement 
of  this  act  said  board  of  examiners  shall  be  entitled  to  the 


366     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

following  fees :  for  each  certificate  issued  to  persons  in  lawful 
practice  in  this  State  at  the  passage  of  this  act  the  sum  of 
two  dollars,  and  each  applicant  for  examination,  or  who  is 
granted  a  certificate  to  practise  dentistry  without  examina- 
tion as  above  provided,  shall  pay  into  the  treasury  of  the 
board  the  sum  of  twenty-five  dollars. 

All  acts  or  parts  of  acts  inconsistent  with  this  act  are 
hereby  repealed. 

WISCONSIN 

Laws  of  1909,  Chap.  258,  p.  481. 

Sections  1410  e  and  1410/.    Board  of  Examiners,  etc. 

Section  1410^.  Every  person  who  was  engaged  in  the 
lawful  practice  of  dentistry  in  this  State  on  the  30th  day 
of  September,  1885,  may  continue  such  practice  without 
incurring  any  of  the  liabilities  imposed  by  this  Chapter,  by 
annually  causing  his  name  and  residence  and  place  of  business 
to  be  registered  by  said  board,  who  shall  keep  a  book  for  that 
purpose.  Such  registration  may  be  made  by  furnishing  proof 
of  the  fact  of  being  then  so  engaged  and  paying  a  fee  of  one 
dollar.  All  persons  licensed  by  the  board  shall  annually 
register  in  like  manner.  Every  person  who,  prior  to  the 
passage  and  publication  of  this  act,  was  duly  licensed  by  the 
board  to  practise  dentistry  in  this  State,  and  who  has 
annually  registered  according  to  law,  shall  be  allowed  to 
continue  to  practise  dentistry  in  this  State  so  long  as  he  shall 
conform  to  the  requirements  of  this  chapter  and  said  board 
shall  have  power  to  revoke  the  license  of  any  person  who  has 
failed  or  may  hereafter  fail  to  annually  register  as  herein 
provided,  if,  for  ninety  days  after  notice  in  writing  from 
said  board  of  such  neglect,  such  person  shall  fail  to  so 
register. 

Section  1410  h.  1.  After  the  year  1911  no  person  shall  be 
examined  by  the  board  for  a  license  to  practise  dentistry  in 
this  State  who  shall  not  file  with  the  secretary  of  the  board 
credentials  showing  that  he  has  a  general  education  equiva- 
lent to  that  required  for  graduation  from  a  high  school  or 


WISCONSIN  367 

academy  in  the  State  of  Wisconsin  having  a  four  year  course 
beyond  that  of  the  elementary  school,  and  who  is  not  a 
regular  graduate  of  a  reputable  dental  college,  or  dental 
department  of  a  university,  provided,  however,  that  the 
privileges  of  such  examination  are  not  denied  an  applicant 
therefor  w^ho  holds  a  license  to  practise  dentistry  in  some 
other  State  than  Wisconsin  prior  to  the  passage  of  this  act. 

2.  In  the  years  1909,  1910,  and  1911  the  board  shall  admit 
to  such  examination  any  graduate  of  a  reputable  dental 
college  or  dental  department  of  a  university  who  shall  file 
with  the  secretary  of  the  board  credentials  showing  that  he 
has  a  general  education  equivalent  to  that  demanded  for 
entrance  to  the  junior  class  of  an  accredited  high  school. 
The  examination  shall  be  in  writing  and  shall  include  the 
subjects  properly  relating  to  the  science  of  dentistry.  The 
board  shall  also  require  as  part  of  the  examination  demon- 
strations in  operative  and  mechanical  dentistry. 

3.  If  such  examination  shall  prove  satisfactory'  to  said 
board,  the  board  shall  issue  to  such  person  a  license  to  practise 
dentistry  in  this  State.  All  licenses  shall  be  signed  by  the 
members  of  the  board  and  be  attested  by  the  president  and 
secretary. 

4.  The  State  board  may,  Avithout  examination,  issue  a 
license  to  any  applicant  therefor  who  shall  furnish  satisfac- 
tory proof,  said  proof  must  be  deposited  in  person  with  the 
secretary  of  the  State  Board  of  Dental  Examiners  of  this 
State  that  he  has  been  duly  licensed  to  practise  dentistry  in 
some  State  other  than  Wisconsin,  and  that  he  has  been 
lawfully  and  reputably  engaged  in  such  practice  for  five  years 
next  preceding  his  application:  Provided,  hoivever,  That  the 
State  recommending  such  applicant  requires  a  preliminary 
education  required  in  this  State,  and  provided  the  State  in 
which  he  lives  extends  to  the  dentists  of  this  State,  who  may 
remove  to  said  State,  a  similar  privilege  of  practising  without 
examination:  Provided,  however,  That  if  a  dentist  who  is 
licensed  to  practise  in  this  State  removes  to  another  State 
and  engages  in  the  practice  of  dentistry  there,  he  shall  have 
his  name  carried  on  the  list  of  dentists  of  this  State  upon  the 


368     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

payment  of  the  annual  registration  fee  while  out  of  this  State. 
The  fee  for  such  license  shall  be  twenty-five  dollars. 

Section  1410  i.  Any  person  who  shall  practise  dentistry  in 
this  State,  without  being  annually  registered  or  without  being 
licensed  as  herein  provided,  shall  be  punished  by  a  fine  of 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars 
for  each  and  every  offence;  each  patient  treated  shall  be  a 
separate  offence.  Provided,  That  this  chapter  shall  not  be 
construed  so  as  to  prevent  any  duly  licensed  physician  or 
surgeon  residing  in  this  State  from  extracting  teeth  or  per- 
forming any  operation  upon  the  palate  or  maxillary  bones. 

A  person  shall  be  deemed  to  be  engaged  in  the  practice 
of  dentistry  within  the  meaning  of  this  act  who  shall  treat 
diseases  or  lesions  of  the  human  teeth  or  jaws  or  perform 
operations  of  any  kind  thereon,  or  insert  any  artificial  teeth, 
fixtures,  or  appliances  for  the  restoration,  regulation,  or 
improvement  of  the  dental  organs. 

But  nothing  in  this  act  contained  shall  be  construed  to 
prevent  a  bona  fide  student,  in  regular  attendance  upon 
any  dental  college  in  this  State  from  practising  dentistry, 
under  the  direct  supervision  of  one  of  his  teachers,  in  the 
regular  infirmary  of  such  college. 

Section  1410  j.  Said  board  may  charge  each  person  apply- 
ing for  a  license  to  practise  dentistry  in  this  State,  whether 
such  applicant  be  examined  or  not,  a  fee  of  twenty-five 
dollars,  which  in  no  case  shall  be  returnable,  unless  from 
sickness  or  some  other  good  cause  such  applicant  was  pre- 
vented from  attending  and  completing  such  examination. 
Out  of  the  funds  coming  into  the  possession  of  the  board 
under  the  provisions  of  this  act,  the  members  of  the  board 
shall  each  receive  as  compensation  the  sum  of  ten  dollars  for 
each  day  actually  engaged  in  the  duties  of  the  office,  and  all 
legitimate  and  necessary  expenses  incurred  in  attending  the 
meetings  of  the  board.  The  secretary  of  the  board  shall 
receive  an  annual  salary  to  be  fixed  by  the  board. 

The  secretary  of  the  board  shall  have  custody  of  its  funds 
and  shall  be  required  to  give  a  bond  in  such  terms  as  the 
board  may  require.    An  annual  report  of  the  proceedings  of 


WYOMING  369 

the  board,  containing  an  account  of  all  moneys  received  and 
disbursed,  pursuant  to  this  chapter  shall  be  made  to  the 
Governor  on  the  thirtieth  day  of  November. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage  and  publication. 


WYOMING 

Laws  of  1905,  chapter  89,  p.  138. 

Section  1.  It  shall  be  unlawful  for  any  person  to  practise 
dentistry  or  dental  surgery  in  the  State  of  Wyoming,  unless 
he  or  she  shall  have  first  obtained  a  license  for  such  purpose 
as  provided  for  in  this  act:  Provided,  That  nothing  in  this 
act  shall  be  construed  to  prohibit  any  physician  or  surgeon 
from  extracting  teeth. 

Sections  2  and  3.  State  Board  of  Dental  Examiners; 
Officers,  etc. 

Section  4.  Airy  person  desiring  to  practise  dentistry  in 
this  State  shall  first  submit  to  an  examination  before  the 
State  Board  of  Dental  Examiners  of  this  State,  touching  his 
or  her  qualifications,  and  every  applicant  for  such  examina- 
tion shall,  with  his  or  her  application  for  examination  submit 
to  the  said  board,  as  a  prerequisite  of  such  examination,  a 
diploma  of  graduation  of  some  reputable  dental  college 
recognized  by  the  National  Association  of  Dental  Faculties: 
Provided,  That  all  bona  fide  residents  or  citizens  of  this  State 
who  have  been  legally  practising  dentistry  for  at  least  one 
year  prior  to  the  time  of  the  passage  of  this  act  shall  be 
exempt  from  the  requirements  of  this  act:  Provided, 
further,  That  such  person  shall  make  affidavit  to  such  lawful 
practice  before  a  notary  public,  and  present  this  affidavit 
to  the  secretary  of  the  State  Board  of  Dental  Examiners, 
together  with  five  dollars  for  a  license,  within  sixty  days 
after  the  creation  of  said  board. 

Section  5.  Any  and  all  persons  possessing  the  diploma 
prescribed  by  Section  4  of  this  act,  and  upon  the  deposit  of 
the  examination  fee,  shall  be  examined  by  said  board,  at  such 
24 


370     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

times  and  under  such  rules  as  said  board  may  prescribe,  not 
inconsistent  with  this  act,  and  upon  the  science  of  dentistry 
and  dental  surgery,  and  all  who  are  found  qualified  shall  be 
registered  in  a  record  book  and  shall  receive  a  license  from 
the  said  board  to  practise  dentistry  in  this  State,  in  accord- 
ance with  the  provision  of  this  act. 

Section  6.  The  examination  fee  in  all  cases  shall  be 
twenty-five  dollars,  to  be  paid  to  the  secretary  of  the  said 
board  before  such  examination  is  had,  and  in  no  case  shall 
the  examination  fee  be  refunded;  but  any  person  who  shall 
so  fail,  shall,  within  one  year,  be  entitled  to  reexamination 
without  the  payment  of  a  further  fee.  Said  board  by  its 
secretary  shall  keep  a  record  book  in  which  shall  be  recorded 
the  names  and  addresses  of  all  persons  so  examined,  the  date 
and  the  result  of  such  examination,  names  and  dates  of  all 
applications,  and  such  other  matters  as  shall  afford  a  full 
record  of  the  same,  which  book  with  such  records  or  tran- 
scripts therefrom  duly  certified  by  the  president  and  secretary 
of  said  board  with  the  common  seal  of  the  board  attached, 
shall  be  prima  facie  evidence  before  all  the  courts  of  this  State 
of  the  entries  therein  contained.  The  said  board  shall  make 
and  prescribe  all  reasonable  rules  for  its  government  and  for 
the  conduct  of  its  business. 

Section  7.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  this  act,  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall  be  liable  to  prosecution  before  any  court  of  com- 
petent jurisdiction,  upon  information  or  by  indictment,  and 
upon  conviction  shall  be  punished  by  a  fine  in  a  sum  not 
less  than  one  hundred  dollars  nor  more  than  three  hundred 
dollars.  Each  day  that  this  act  is  violated  shall  be  considered 
a  separate  offence. 

Section  8.  The  said  Board  of  Dental  Examiners  shall  not 
have  the  right  to  create  anj^  indebtedness  on  behalf  of  the 
State  of  Wyoming,  except  as  provided  in  this  section.  No 
compensation  shall  be  paid  to  any  member  of  the  board  for 
his  services.  All  moneys  received  from  examinations,  fees  or 
otherwise  shall  be  deposited  with  the  State  treasurer,  to  be 
known  as  the  Dental  Fund,  and  shall  onl;y  be  paid  out  upon 


WYOMING  371 

an  authorized  voucher  duly  verified  and  accompanied  by  a 
certificate  signed  by  the  president  and  secretary  of  the  board, 
showing  that  the  expense  has  been  actually  and  properly 
incurred  in  the  performance  of  the  duties  devolving  upon  the 
board.  Upon  presentation  of  such  voucher  and  certificate 
the  auditor  shall  draw  his  warrant  upon  the  treasurer,  against 
the  said  dental  fund  in  favor  of  the  proper  person;  but  no 
such  warrant  shall  be  drawn  unless  and  until  there  are  suffi- 
cient moneys  in  said  fund  to  pay  same;  and  the  expenses  of 
said  board  shall  not  be  a  charge  upon  any  other  State  fund. 
Said  dental  fund  shall  only  be  applied  to  the  necessary  ex- 
penses of  the  board,  and  such  expenses  as  may  be  necessary 
to  carry  out  and  execute  the  provisions  of  this  act,  including 
the  actual  travelling  expenses  of  the  members  in  attending  the 
meetings  of  the  board.  Any  money  on  hand  at  the  dissolu- 
tion of  the  board  or  the  repeal  of  this  act  shall  be  paid  to  the 
credit  of  the  Common  School  Fund.  This  said  board  shall 
make  an  annual  report  of  its  proceedings  to  the  Governor  on 
or  before  the  15th  day  of  December  of  the  year  immediately 
preceding  the  next  ensuing  session  of  the  Legislature,  together 
with  all  moneys  received  and  disbursed  by  them,  pursuant 
to  this  act. 

Section  9.  The  State  Board  of  Dental  Examiners  may 
refuse  license  to  individuals  guilty  of  unprofessional  or 
dishonorable  conduct,  and  may  revoke  licenses  for  like 
causes. 

Section  10.  Said  board  may,  in  its  discretion,  accept  and 
register  upon  payment  of  the  registration  fee,  and  without 
examination  of  the  applicant,  any  certificate  which  shall 
have  been  issued  to  him  by  the  dental  examining  board  of  any 
State  or  Territory  of  the  United  States:  Provided,  however, 
That  the  legal  requirements  of  such  dental  examining  board 
shall  have  been  at  the  time  of  issuing  such  certificate  in  no 
degree  or  particular  less  than  those  of  Wyoming  at  the  time 
when  such  certificate  shall  have  been  presented  for  regis- 
tration to  the  board  created  by  this  act:  Provided,  further, 
That  the  provisions  in  this  section  contained  shall  be  held  to 
apply  only  to  such  of  said  dental  examining  boards  as  accept 


372     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

and  register  the  certificates  granted  by  this  board  without 
examination  by  theim  of  the  ones  holding  such  certificates. 
Each  applicant,  on  making  application,  shall  pay  to  the 
secretary  of  said  board  a  fee  of  twenty-five  dollars,  which 
shall  be  paid  to  the  secretary  of  said  board. 

Section  11.  Every  person  holding  a  certificate  as  having 
successfully  passed  an  examination,  or  otherwise  complied 
with  the  requirements  of  said  Board  of  Dental  Examiners, 
shall  have  the  same  recorded  at  the  office  of  the  county  clerk 
of  the  county  in  which  he  resides,  and  the  date  and  place  of 
record  shall  be  endorsed  thereon.  Any  person  moving  to 
another  county  to  practise  shall  procure  a  certificate  to  that 
effect  from  the  county  clerk  and  the  holder  of  the  certificate 
shall  pay  to  the  county  clerk  the  usual  fees  for  making  the 
record.  The  county  clerk  shall  keep  in  a  book  provided  for 
that  purpose  a  complete  list  of  all  the  certificates  recorded 
by  him  with  the  date  of  issue. 

Section  12.  Any  member  or  members  of  the  State  Board 
of  Dental  Examiners  who  shall  be  found  guilty  of  having  sold 
or  offered  for  sale  any  license,  contrary  to  the  provisions  of 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor  and  shall 
be  liable  to  prosecution,  and  upon  conviction  shall  be  pun- 
ished by  a  fine  in  a  sum  of  not  less  than  one  hundred  dollars 
nor  more  than  three  hundred  dollars. 

Section  13.  Any  act  or  parts  of  acts  in  conflict  with  the 
provisions  of  this  act  are  hereby  repealed. 


HAWAII 

Revised  Laws  of  Hawaii,  1905,  C.  90. 

Section  1078.  Dentists  Befiiied. — All  persons  shall  be 
held  to  be  practising,  dentistry  within  the  meaning  of  this 
chapter  who  shall  charge  a  fee  or  salary  or  other  reward,  to 
be  paid  either  to  him  or  to  some  other  person,  for  operations 
or  parts  of  operations  of  any  kind  in  the  treatment  of  dis- 
eases or  lesions  of  the  human  teeth  or  jaws,  or  extracting 
teeth,   or  in  the  correction  of  the  malformation  thereof: 


HAWAII  373 

Provided,  That  nothing  in  this  chapter  shall  apply  to  regu- 
larly licensed  physicians  or  surgeons  in  extracting  teeth  or 
performing  surgical  operations.     (L.  1903,  c.  40,  s.  1.) 

Section  1079.  Who  Licefised  to  Practise. — The  following 
persons  shall  be  deemed  licensed  to  practise  dentistry  in  this 
Territory : 

1.  Those  on  April  25,  1903,  duly  licensed  and  registered  as 
dentists,  pursuant  to  the  laws  of  the  Territory  of  Hawaii,  and 

2.  Those  duly  licensed  and  registered  as  dentists,  pursuant 
to  the  provisions  of  this  chapter.    (L.  1903,  c.  40,  s.  2.) 

Section  1080.    Appointment  of  board  of  examiners. 

Section  1081.    Officers,  meetings,  quorum. 

Section  1082.    Expenses. 

Section  1083.    Report. 

Section  1084.  Licenses  Issued  on  Examination,  JJlien;  Fee. 
— Any  person  twenty-one  years  of  age  and  of  good  moral 
character,  who  has  graduated  at,  and  holds  a  diploma  from  a 
reputable  college,  and  who  desires  to  practise  dentistry  in  this 
Territory,  shall  file  his  or  her  application  with  and  pay  to  the 
secretary  of  the  board  a  fee  of  twenty  dollars  which  in  no  case 
shall  be  refunded,  and  present  himself  or  herself  for  examina- 
tion at  the  first  meeting  of  the  board  after  such  application, 
and  upon  passing  an  examination  satisfactory  to  the  board,  his 
or  her  name,  age,  nationality,  location  and  number  of  years 
of  practice  shall  be  entered  in  a  book  kept  for  that  purpose, 
and  a  certificate  of  license  to  practise  shall  be  issued  to  such 
person.     (L.  1903,  c.  40,  s.  5.) 

Section  1085.  Without  Examination,  When;  Fee. — Every 
person  engaged  in  the  practise  of  dentistry,  or  dental  surgery, 
within  the  territory  on  April  25,  1903,  shall  cause  his  or  her 
name,  residence,  and  place  of  business  to  be  registered  with 
said  board,  and  pay  a  fee  of  one  dollar,  upon  the  payment  of 
which  the  board  shall  issue  to  such  person  a  certificate  of 
license,  duly  signed  and  sealed.    (L.  1903,  c.  40,  s.  6.) 

Section  1086.  Certificate,  Evidence. — All  certificates  of 
license  issued  by  the  board  shall  be  signed  by  each  member 
thereof,  sealed  and  attested  by  the  secretary,  and  shall  be 
presumptive  evidence  of  the  right  of  the  holder  to  practise 


374     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

dentistry  in  this  Territory;  and  no  person,  association,  or 
company,  whether  incorporated  or  not,  shall  practise  den- 
tistry within  this  territory  without  having  first  procured 
such  a  certificate,  except  as  hereinbefore  provided.  Any 
person,  association,  or  company  practising  dentistry  within 
this  territory  and  not  having  at  the  time  a  valid  and  uncan- 
celled license  shall  be  guilty  of  a  failure  to  comply  with  the 
provisions  of  this  chapter,  and  upon  conviction  thereof,  shall 
be  punished  as  hereafter  in  this  chapter  provided.  (L.  1903, 
c.  40,  s.  7.) 

Section  1087.  Names,  etc.,  to  be  Displayed. — Every 
association  or  company  of  persons,  whether  incorporated  or 
not,  engaged  in  the  practice  of  dentistry  under  the  name  of 
company,  association,  or  other  title,  shall  cause  to  be  dis- 
played and  kept  in  a  conspicuous  place  at  the  entrance  to  its 
place  of  business  the  names  of  each  and  every  person  em- 
ployed by  said  association  in  the  practice  of  dentistry;  and 
every  person  so  employed  by  any  association  or  company 
shall  cause  his  or  her  name  to  be  so  displayed.  Any  person 
employed  by  such  company  or  association  whose  name  shall 
not  be  displayed  as  above  provided  shall  be  guilty  of  a 
failure  to  comply  with  the  provisions  of  this  chapter,  and, 
upon  conviction  thereof,  shall  be  punished  as  hereafter  in 
this  chapter  provided;  and  the  company  or  association,  if 
incorporated,  or  the  persons  comprising  the  same,  if  not 
incorporated,  shall,  for  failure  to  display  the  aforesaid  names, 
be  guilty  of  a  failure  to  comply  with  the  provisions  of  this 
chapter,  and  upon  conviction  thereof  shall  be  punished  as 
hereafter  in  this  chapter  provided. 

Section  1088.  Duty  to  Furnish  Navies,  etc. — It  shall  be 
the  duty  of  every  person,  company,  or  association  practising 
dentistry  in  this  territory,  upon  demand  in  writing  by  the 
secretary  of  the  board,  to  furnish  within  fifteen  days  after 
such  demand,  to  the  board,  through  its  secretary,  a  true 
statement  of  the  name  and  address  of  each  and  every  person 
practising  dentistry  or  assisting  in  the  practice  thereof,  in  the 
office  of  said  person,  company,  or  association,  together  with  a 
statement  showing  under  what  license  or  authority  the  said 


HAWAII  375 

person,  company,  or  association  is  practising;  and  any  person, 
company,  or  association  failing  so  to  do,  or  making  any  false 
statement  concerning  or  touching  anything  covered  by  this 
section  shall  be  guilty  of  a  failure  to  comply  with  the  pro- 
visions of  this  chapter,  and,  upon  conviction  thereof,  shall 
be  punished  as  hereafter  in  this  chapter  provided.  (L.  1903, 
c.  40,  s.  12.) 

Section  1089.  License  Cancelled;  When. — If  any  dentist 
shall  be  guilty  of  gross  negligence,  indecent  conduct  toward 
patients,  or  any  such  professional  misbehavior  as  shows 
unfitness  on  the  part  of  the  dentist  to  practise,  he  or  she 
shall  be  guilty  of  a  misdemeanor  and  upon  presentation  to 
the  board  by  three  or  more  persons  of  such  facts,  certified, 
the  license  of  such  dentist  shall  be  cancelled  and  such  fact 
shall  be  noted  on  the  record  of  licenses.  Any  person  whose 
license  shall  be  so  cancelled  shall  be  deemed  an  unlicensed 
person  within  the  meaning  of  this  chapter.  (L.  1903,  c.  40, 
s.  7  a.) 

Section  1890.  Using  Assumed  Degrees  Prohibited. — 
Nothing  in  the  provisions  of  this  chapter  shall  be  construed 
to  permit  the  performance  of  dental  operations  by  an 
unlicensed  person  under  the  cover  of  the  name  of  a  registered 
and  licensed  practitioner,  and  no  person  shall  practise  den- 
tistry under  an  assumed  name,  title,  or  degree.  Any  person 
practising  dentistry  under  a  false  or  assumed  name,  or  who 
shall  assume  the  degree  of  "Doctor  of  Dental  Surgery"  or 
"Doctor  of  Dental  Medicine"  or  shall  append  the  letters 
"D.D.S.,"  or  "D.M.D."  to  his  or  her  name,  the  same  not 
having  been  duly  conferred  on  him  or  her  by  some  college  or 
school  legally  empowered  to  confer  the  same ;  or  shall  assume 
any  title  or  append  any  letters  to  his  or  her  name  with  intent 
to  represent  falsely  that  he  or  she  has  received  a  dental  degree 
or  license,  shall  be  guilty  of  a  failure  to  comply  with  the  pro- 
visions of  this  chapter  and  upon  conviction  thereof,  shall  be 
punished  as  hereafter  in  this  chapter  provided.  (L.  1903, 
c.  40,  s.  9.) 

Section  1091.  Practising  for  Advertising  Purposes, 
Penalty. — Any  person  who  shall  extract  teeth  or  perform  any 


376     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

other  operation  pertaining  to  dentistry  for  the  purpose  of 
advertising,  exhibiting,  or  selHng  any  medicine,  instrument, 
or  business  of  any  description,  whether  the  extraction  or 
operation  be  for  pay  or  not,  shall  be  guilty  of  a  misdemeanor, 
and  upon  conviction  thereof  in  any  court  of  the  territory, 
shall  be  fined  in  a  sum  not  more  than  two  hundred  dollars. 
(L.  1903,  c.  40,  s.  10.) 

Section  1092.  Conviction  for  Felony,  Effect. — Upon  pre- 
sentation to  the  board  of  a  certified  copy  of  a  court  of  record 
showing  that  a  practitioner  of  dentistry  has  been  convicted 
of  a  felony,  that  fact  shall  be  noted  on  the  record  of  licenses, 
and  shall  be  marked  '  'cancelled."  Any  person  whose  license 
shall  be  so  cancelled  shall  be  deemed  an  unlicensed  person, 
and  as  such  shall  be  subject  to  the  penalties  prescribed  for 
other  unlicensed  persons  who  practise  dentistry  in  this 
territory.    (1903,  c.  40,  s.  8.) 

Section  1093.  Violating  Provisions;  Penalty. — Any  per- 
son, company,  or  association  who  shall  fail  to  comply  with 
each  and  every  provision  of  this  chapter,  penalty  for  the 
violation  of  which  is  not  otherwise  provided,  shall  be  guilty 
of  a  misdemeanor,  and,  upon  conviction  thereof,  shall  be 
punished  bv  a  fine  of  not  more  than  five  hundred  dollars. 
(L.  1903,  c.  40,  s.  15.) 

Section  1094.  Prosecuting  Officers,  Duty. — It  shall  be 
the  duty  of  the  several  prosecuting  officers  of  the  territory 
to  institute,  on  notice  from  any  member  of  the  board, 
prosecutions  for  offences  under  this  chapter.  (L.  1903,  c.  40, 
s.  16.) 

PHILIPPINE   ISLANDS 

Januarv  10,  1903,  x4cts  of  the  Philippine  Commission, 
p.  291. 

Section  1.     Creation  of  dental  board. 

Section  2.     Compensation,  duties,  etc.,  of  board. 

Section  3.  The  Board  of  Dental  Examiners  shall  meet  in 
the  city  of  Manila  for  the  purpose  of  examining  candidates 
desiring  to  practise  dentistry  in  the  Philippine  Islands  on  the 


PHILIPPINE  ISLANDS  377 

first  Tuesdays  of  January  and  July  of  each  year,  after  giving 
thirty  days'  written  or  printed  notice  of  such  meeting  to  each 
candidate  who  has  filed  his  name  and  address  with  the  secre- 
tary-treasurer of  the  board,  and  after  publishing  such  notice 
in  one  newspaper  published  in  the  English  language  and  one 
newspaper  published  in  the  Spanish  language  at  jManila  at 
least  once  per  week  for  a  like  period.  The  Board  of  Dental 
Examiners  shall  issue  a  dental  surgeon's  certificate  to  each 
candidate  who  furnishes  satisfactory  proof  of  having  received 
a  diploma  as  either  Doctor  of  Dental  Medicine  or  Doctor  of 
Dental  Surgery  from  a  legally  incorporated  dental  educa- 
tional institution,  and  who  in  addition  passes  a  satisfactory 
examination  before  the  board  in  the  following  subjects: 
anatomy,  physiology,  histology,  physics,  chemistry,  metal- 
lurgy, dental  anatomj^  and  physiology,  dental  materia 
medica,  therapeutics,  dental  pathology  and  bacteriology, 
orthodontia,  oral  surgery,  operative  dentistry,  and  prosthetic 
dentistry.  For  each  such  certificate  the  secretary-treasurer 
of  the  board  shall  collect  a  fee  of  ten  dollars. 

The  board  is  further  empowered  to  make  such  rules  and 
regulations  not  in  conflict  with  the  provisions  of  this  act  as 
may  be  necessary  to  carry  said  provisions  into  effect. 

Section  4.  The  board  shall,  on  or  before  the  thirtieth  day 
of  June  of  each  year,  make  a  report  to  the  secretary  of  the 
interior  of  its  proceedings  during  the  past  year,  and  of  all 
moneys  received  and  disbursed  by  it  during  that  period . 

Section  5.  Sixty  days  after  the  first  meeting  of  the  Board 
of  Dental  Examiners  for  the  Philippine  Islands  and  subse- 
quent to  the  passage  of  this  act,  it  shall  be  unlawful  for  any 
person  to  practise  dentistry  in  any  of  its  branches  in  the 
Philippine  Islands,  without  a  certificate  of  registration  from 
the  Board  of  Dental  Examiners  or  without  having  filed  with 
the  secretary-treasurer  of  said  board  an  afBda^'it  for  the 
purpose  of  securing  a  registration  certificate,  setting  forth 
the  time  and  place  in  which  he  has  practised  dentistry  in  the 
Philippine  Islands  prior  to  the  passage  of  this  law:  Provided, 
That  dentists  who  have  passed  successful  examinations  before 
a  board  established  bv  the  Provost-Marshall-General,  citv 


378     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

of  Manila,  pursuant  to  authority  from  the  ]\Iihtary  Governor 
of  the  Phihppine  Islands,  dated  August  second,  eighteen 
hundred  and  ninety-nine,  shall  be  furnished  with  a  certificate 
of  registration  by  the  Board  of  Dental  Examiners  on  pay- 
ment of  the  required  fee  for  registration  without  further 
examination:  Provided,  also,  That  nothing  in  this  act  shall 
apply  to  dental  surgeons  of  the  United  States  Army  on  duty 
in  the  Philippine  Islands,  nor  in  any  way  apply  to  or  affect 
any  person  who  was  resident  in  the  Philippine  Islands  and 
lawfully  engaged  in  the  practice  of  dentistry  there  prior  to 
the  passage  of  this  act:  And  'provided,  further.  That  persons 
who  have  studied  medicine  in  the  Santo  Tomas  University 
at  Manila  for  a  period  of  not  less  than  two  years  and  who 
have  received  the  title  of  "Cirujanos  Ministrantes"  and  who 
have  studied  dentistry  for  the  last  four  months  of  their 
course  in  such  university,  may  be  registered  as  undergradu- 
ates in  dentistry  upon  passing  a  satisfactory  examination 
before  the  board,  and,  when  so  registered,  shall  be  authorized 
to  practise  dentistry  in  remote  towns  where  no  regularly 
qualified  dentist  is  available.  The  names  of  the  towns  in 
which  each  such  undergraduate  in  dentistry  is  authorized  to 
practise  shall  be  included  in  his  certificate  of  registration. 
The  secretary-treasurer  shall  collect  a  fee  of  five  dollars  for 
each  certificate  of  registration  as  undergraduate  in  dentistry 
issued  by  the  board. 

Section  6.  Every  person  engaged  in  the  practice  of  den- 
tistry in  the  Philippine  Islands  at  the  time  of  the  passage  of 
this  act  shall  within  sixty  days  from  the  date  of  its  passage 
register  with  the  secretary-treasurer  of  the  board  and  pay  the 
usual  fee  of  registration,  and  the  secretary-treasurer  shall 
issue  the  usual  certificate  of  registration  to  each  person  so 
registered.  Any  person  failing  to  comply  with  this  provision 
within  the  stated  period  shall  be  required  to  appear  before 
the  board  and  pass  a  satisfactory  examination  before  it  shall 
be  lawful  for  him  to  again  engage  in  the  practice  of  dentistry 
in  the  Philippine  Islands. 

Section  7.  Any  person  shall  be  regarded  as  practising 
dentistry  within  the  meaning  of  this  act  who  shall  for  a  fee, 


PHILIPPINE  ISLANDS  379 

salary,  or  other  reward,  paid  to  himself  or  to  another  person, 
perform  any  operation  or  part  of  an  operation  upon  the 
human  teeth  or  jaws,  or  who  shall  restore  lost  teeth,  jaws,  or 
portions  of  jaws  artificially,  or  who  shall  treat  diseases  or 
lesion  or  correct  malpositions  thereof;  but  this  provision  shall 
not  apply  to  artisans  engaged  in  the  mechanical  construction 
of  artificial  dentures  or  other  oral  devices,  or  to  students  of 
dentistry  practising  in  any  legally  chartered  dental  school 
or  college  on  patients  under  the  direct  supervision  of  an 
instructor  in  such  dental  school  or  college:  And  provided, 
further,  That  this  provision  shall  not  be  construed  to  inter- 
fere with  physicians  or  surgeons  in  their  legitimate  practice 
as  defined  by  act  numbered  three  hundred  and  ten. 

Section  8.  Any  two  members  of  the  board  may  issue  a 
temporary  certificate  of  registration  to  an  applicant  upon 
the  presentation  by  such  applicant  of  satisfactory  evidence 
that  he  possesses  the  necessary  qualifications  to  practise 
dentistry,  such  certificate  to  remain  in  force  only  until  the 
next  regular  meeting  of  the  board,  at  which  time  the  person 
to  whom  it  has  been  issued  shall  report  for  examination. 
Temporary  licenses  shall  be  granted  only  when  the  board 
is  not  in  session  and  will  not  meet  within  thirty  days.  In 
no  case  shall  a  temporary  certificate  of  registration  be  re- 
newed or  extended,  nor  shall  a  second  temporary  certificate 
be  granted  to  any  person.  The  fee  for  a  temporary  certificate 
of  registration  shall  be  five  dollars,  and  the  applicant  shall 
further  deposit  with  the  secretary-treasurer  of  the  board 
the  sum  of  five  dollars  to  complete  the  payment  of  his  fee  for 
a  regular  certificate.  He  shall  also  file  with  the  secretary- 
treasurer  of  the  board  an  affidavit  to  the  effect  that  it  is  his 
intention  to  appear  at  the  next  regular  meeting  of  the  board 
and  to  submit  to  an  examination  with  a  view  to  obtaining  a 
permanent  certificate.  Should  he  appear  and  pass  a  satis- 
factory examination,  a  permanent  certificate  shall  be  granted 
him  without  additional  charge.  Should  he  fail  to  appear  and 
pass  such  examination,  the  money  deposited  by  him  shall  not 
be  returned  to  him,  but  shall  be  paid  to  the  treasurer  of  the 
Philippine  Archipelago. 


380     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  9.  The  Board  of  Dental  Examiners  shall  refuse 
to  issue  either  of  the  certificates  provided  for  by  this  act  to 
any  person  convicted  by  a  court  of  competent  jurisdiction 
of  any  criminal  offence,  or  to  any  person  guilty  of  immoral 
or  dishonorable  conduct  or  of  unsound  mind,  and  in  the 
event  of  such  refusal  shall  give  to  the  applicant  a  written 
statement  setting  forth  the  reason  for  its  action,  which 
statement  shall  be  incorporated  in  the  record  of  the  board. 
The  board  may  revoke  a  certificate  for  like  cause,  or  for 
unprofessional  conduct  after  due  notice  to  the  person  in- 
terested and  on  hearing,  sub]ect*to  an  appeal  to  the  Board  of 
Health  for  the  Philippine  Islands,  the  decision  of  which  shall 
be  final. 

Section  10.  Every  practitioner  of  dentistry  shall  display 
in  a  conspicuous  place  upon  the  house  or  office  where  he  prac- 
tises his  full  name,  and  he  shall  further  display  his  certificate 
of  registration  in  his  office  in  plain  sight  of  patients  occupy- 
ing his  dental  chair.  Any  person  violating  this  provision 
shall,  upon  conviction,  be  punished  by  a  fine  of  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars  for  each 
offence.  Any  owner,  proprietor,  or  manager  of  a  dental 
office  or  establishment,  who  shall  fail  to  cause  to  be  displaj'^ed 
as  provided  in  this  section,  the  registration  certificate  of  each 
person  practising  dentistry  in  such  office  or  establishment, 
shall,  upon  conviction,  be  punished  by  a  like  fine. 

Section  11.  No  person  shall  in  any  way  advertise  as 
bachelor  of  dental  surgery,  doctor  of  dental  surgery,  master 
of  dental  surgery,  licentiate  of  dental  surgery,  doctor  of 
dental  medicine,  or  dental  surgeon,  or  append  the  letters 
B.D.S.,  D.D.S.,  M.D.S.,  L.D.S.,  or  D.M.D.  to  his 
name,  who  has  not  had  duly  conferred  upon  him  by  diploma 
from  some  school,  college,  university,  or  board  of  examiners 
legally  qualified  to  confer  the  same,  the  right  to  assume  said 
title,  nor  shall  any  person  assume  any  title  or  prefix  or 
append  any  letters  to  his  name  to  represent  falsely  that  he 
has  received  a  dental  degree  or  certificate  of  registration. 
Any  person  violating  this  provision  shall,  upon  conviction, 


ENGLAND  381 

be  subject  to  a  fine  of  not  more  than  one  hundred  dollars  or 
to  imprisonment  for  not  more  than  ninety  days. 

Section  12.  Where  the  word  "dohars"  is  used  in  this 
act,  it  shall  be  understood  to  mean  dollars  in  money  of 
the  United  States. 

Section  13.    This  act  shall  take  effect  on  its  passage. 

ENGLAND 

1878,  July  22,  Law  Reports,  Statutes,  p.  2G0. 

Section  1.  This  act  may  for  all  purposes  be  cited  as 
"The  Dentists'  Act,  1878." 

Section  2.  In  this  act  "general  council"  means  the 
general  council  of  medical  education  and  registration  of  the 
united  kingdom,  established  under  the  Medical  Act,  1858; 
and  "branch  council"  means  a  branch  of  the  said  council  as 
constituted  by  the  same  act: 

"General  registrar"  means  the  person  appointed  to  be  the 
registrar  by  the  general  council,  and  "local  registrar"  means 
the  registrar  appointed  by  a  branch  council  under  the 
Medical  Act,  1858: 

"British  possession"  means  any  part  of  Her  Majesty's 
dominions  exclusive  of  the  United  Kingdom. 

"Medical  authorities"  means  the  bodies  and  universities 
who  choose  members  of  the  general  council. 

Section  3.  From  and  after  the  first  day  of  August,  1879, 
a  person  shall  not  be  entitled  to  take  or  use  the  name  or  title 
of  "dentist"  (either  alone  or  in  combination  with  any  other 
word  or  words)  or  of  "dental  practitioner,"  or  any  name, 
title,  addition,  or  description  implying  that  he  is  registered 
under  this  act  or  that  he  is  a  person  specially  qualified  to 
practise  dentistry,  unless  he  is  registered  under  this  act. 

Any  person  who  after  the  first  day  of  August,  1879,  not 
being  registered  under  this  act,  takes  or  uses  any  such  name, 
title,  addition,  or  description  as  aforesaid,  shall  be  liable,  on 
summary  conviction,  to  a  fine  not  exceeding  twenty  pounds; 
provided  that  nothing  in  this  section  shall  apply  to  legally 
qualified  medical  practitioners. 


382     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  4.  With  respect  to  the  offence  of  a  person  not 
registered  under  this  act  taking  or  using  any  name,  title, 
addition,  or  description  as  above  in  this  act  mentioned,  the 
following  provisions  shall  have  effect : 

(1)  He  shall  not  be  guilty  of  an  offence  under  this  act 

(a)  If  he  shows  that  he  is  not  ordinarily  resident  in  the 
united  kingdom  and  that  he  holds  a  qualification  which 
entitles  him  to  practise  dentistry  or  dental  surgery  in  a 
British  possession  or  foreign  country,  and  that  he  did  not 
represent  himself  to  be  registered  under  this  act;  or 

(&)  If  he  shows  that  he  has  been  registered  and  continues 
to  be  entitled  to  be  registered  under  this  act,  but  that  his 
name  has  been  erased  on  the  ground  only  that  he  has  ceased 
to  practise. 

(2)  A  prosecution  for  such  offence  shall  be  instituted  only 
as  hereinafter  mentioned. 

If  a  person  takes  or  uses  the  designation  of  any  qualifica- 
tion or  certificate  in  relation  to  dentistry  or  dental  surgery 
which  he  does  not  possess,  he  shall  be  liable  on  summary 
conviction  on  such  prosecution  as  hereinafter  mentioned,  to 
a  fine  not  exceeding  twenty  pounds. 

A  prosecution  for  any  of  the  offences  above  in  this  act 
mentioned  shall  not  be  instituted  by  a  private  person,  except 
with  the  consent  of  the  general  council  or  of  a  branch  council, 
but  may  be  instituted  by  the  general  council,  by  a  branch 
council,  or  by  a  medical  authority,  if  such  council  or  authority 
think  fit. 

Section  5.  A  person  registered  under  this  act  shall  be 
entitled  to  practise  dentistry  and  dental  surgery  in  any  part 
of  Her  Majesty's  dominions;  and  from  and  after  the  first  day 
of  August,  1879,  a  person  shall  not  be  entitled  to  recover  any 
fee  or  charge,  in  any  court,  for  the  performance  of  any  dental 
operation  or  for  any  dental  attendance  or  advice,  unless  he 
is  registered  under  this  act  or  is  a  legally  qualified  medical 
practitioner. 

Section  6.    Any  person  who 

(a)  Is  a  licentiate  in  dental  surgery  or  dentistry  of  any  of 
the  medical  authorities;  or 


ENGLAND  383 

(6)  Is  entitled  as  hereinafter  mentioned  to  be  registered 
as  a  foreign  or  colonial  dentist;  or, 

(c)  Is  at  the  passing  of  this  act  bona  fide  engaged  in  the 
practice  of  dentistry  or  dental  surgery,  either  separately  or 
in  conjunction  with  the  practice  of  medicine,  surgery,  or 
pharmacy,  shall  be  entitled  to  be  registered  under  this  act. 

Section  7.  Where  a  person  entitled  to  be  registered  under 
this  act  produces  or  sends  to  the  general  registrar  the  docu- 
ment conferring  or  evidencing  his  license  or  qualifications, 
with  a  statement  of  his  name  and  address,  and  the  other 
particulars,  if  any,  required  for  registration,  and  pays  the 
registration  fee,  he  shall  be  registered  in  the  dentist's  register: 
Provided,  That  a  person  shall  not  be  registered  under  this 
act  as  having  been  at  the  passing  thereof  engaged  in  the 
practice  of  dentistry  unless  he  produces  or  transmits  to  the 
registrar,  before  the  1st  day  of  August,  1879,  information 
of  his  name  and  address,  and  a  declaration  signed  by  him  in 
the  form  in  the  schedule  to  this  act  or  to  the  like  effect;  and 
the  registrar  may,  if  he  sees  fit,  require  the  truth  of  such 
declaration  to  be  affirmed  in  manner  provided  by  the  act  of 
the  session  held  in  the  fifth  and  sixth  years  of  the  reign  of 
King  William  IV,  chapter  sixty-two,  intituled,  "An  act  to 
repeal  an  act  of  the  present  session  of  Parliament  intituled 
'  An  act  for  the  more  effectual  abolition  of  oaths  and  affirma- 
tions taken  and  made  in  the  various  departments  of  the 
State,  and  to  substitute  declarations  in  lieu  thereof,  and  for 
the  more  entire  suppression  of  voluntary  and  extra-judicial 
oaths  and  affidavits;'  and  to  make  other  provisions  for  the 
abolition  of  unnecessary  oaths." 

A  person  resident  in  the  United  Kingdom  shall  not  be 
disqualified  for  being  registered  under  this  act  by  reason  that 
he  is  not  a  British  subject;  and  a  British  subject  shall  not  be 
disqualified  for  being  registered  under  this  act  by  reason  of 
his  being  resident  or  engaged  in  the  practice  beyond  the 
limits  of  the  United  Kingdom. 

Section  8.  Where  a  person  who  either  is  not  domiciled 
in  the  United  Kingdom,  or  has  practised  for  more  than  ten 
years  elsewhere  than  in  the  United  Kingdom,  or  in  the  case 


384     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

of  persons  practising  in  the  United  Kingdom  at  the  time  of 
the  passing  of  this  act,  for  not  less  than  ten  years  either  in 
the  United  Kingdom  or  elsewhere,  shows  that  he  holds  some 
recognized  certificate  (as  hereinafter  defined)  granted  in  a 
British  possession,  and  that  he  is  of  good  character,  such 
person  shall  upon  payment  of  the  registration  fee  be  entitled 
without  examination  in  the  United  Kingdom,  to  be  registered 
as  a  colonial  dentist  in  the  dentist's  register. 

Section  9.  Where  a  person  who  is  not  a  British  subject, 
or  who  has  practised  for  more  than  ten  years  elsewhere  than 
in  the  United  Kingdom,  or  in  the  case  of  a  person  practising 
in  the  United  Kingdom  at  the  time  of  the  passing  of  this  act 
for  not  less  than  ten  years  either  in  the  United  Kingdom  or 
elsewhere,  shows  that  he  obtained  some  recognized  certificate 
(as  hereinafter  defined)  granted  in  a  foreign  country,  and  that 
he  is  of  good  character,  and  either  continues  to  hold  such 
certificate,  or  has  not  been  deprived  thereof  for  any  cause 
which  disqualifies  him  for  being  registered  under  this  act, 
such  person  shall  upon  payment  of  the  registration  fee  be 
entitled,  without  examination  in  the  United  Kingdom,  to  be 
registered  as  a  foreign  dentist  in  the  dentist's  register. 

Section  10.  The  certificate  granted  in  a  British  possession 
or  in  a  foreign  country,  which  is  to  be  deemed  such  a  recog- 
nized certificate  as  is  required  for  the  purposes  of  this  act, 
shall  be  such  certificate,  diploma,  membership,  degree, 
license,  letters  testimonial,  or  other  title,  status,  or  docu- 
ment as  may  be  recognized  for  the  time  being  by  the  general 
council  as  entitling  the  holder  thereof  to  practise  dentistry 
or  dental  surgery  in  such  possession  or  country,  and  as 
furnishing  sufficient  guarantees  of  the  possession  of  the 
requisite  knowledge  and  skill  for  the  efficient  practice  of 
dentistry  or  dental  surgery. 

If  a  person  is  refused  registration  as  a  colonial  dentist  or 
as  a  foreign  dentist,  the  general  registrar  shall,  if  required  by 
him,  state  in  writing  the  reason  for  such  refusal,  and  if  such 
reason  be  that  the  certificate  held  or  obtained  by  him  is  not 
such  a  recognized  certificate  as  above  defined,  such  person 
may  appeal  to  the  privy  council,  and  the  privy  council,  after 


ENGLAND  385 

hearing  the  general  council,  may  dismiss  the  appeal  or  may 
order  the  general  council  to  recognize  such  certificate,  and 
such  order  shall  be  duly  obeyed. 

Section  11.  (1)  A  register  shall  be  kept  by  the  general 
registrar,  to  be  styled  the  dentists'  register.     .     .     . 

(2)  Every  local  registrar  shall  keep  such  register  and  per- 
form such  duties  in  relation  to  registration  under  this  act 
as  the  general  council  from  time  to  time  direct,  and  receive 
such  remuneration  out  of  the  registration  fees  as  the  general 
council  assign  him.     .     .     . 

(3)  The  general  council  may,  if  they  think  fit,  from  time 
to  time  make,  and  when  made  revoke  and  vary,  orders  for 
the  registration  in  (on  payment  of  the  fee  fixed  by  the  orders) 
and  the  removal  from  the  dentists'  register  of  any  additional 
diplomas,  memberships,  degrees,  licenses,  or  letters  held  by 
a  person  registered  therein,  which  appear  to  the  council  to  be 
granted  after  examination  by  any  of  the  medical  authorities 
in  respect  of  a  higher  degree  of  knowledge  than  is  required 
to  obtain  a  certificate  of  fitness  under  this  act. 

Section  12.  (1)  The  general  registrar  shall  from  time  to 
time  insert  in  the  dentists'  register  any  alterations  which 
may  come  to  his  knowledge  in  the  name  or  address  o^  any 
person  registered. 

(2)  The  general  registrar  shall  erase  from  the  dentists' 
register  the  name  of  every  deceased  person. 

(3)  The  general  registrar  may  erase  from  the  dentists' 
register  the  name  of  a  person  who  has  ceased  to  practise,  but 
not  (save  as  hereinafter  provided)  without  the  consent  of 
that  person;  and  the  general  registrar  may  send  by  post  to  a 
person  registered  in  the  dentists'  register  a  notice  inquiring 
whether  or  not  he  has  ceased  to  practise,  or  has  changed  his 
residence;  and  if  the  general  registrar  does  not  within  three 
months  after  sending  the  notice  receive  any  answer  thereto 
from  the  said  person,  he  may,  within  fourteen  days  after  the 
expiration  of  the  three  months,  send  him  by  post  in  a  regi- 
stered letter  another  notice,  referring  to  the  first  notice,  and 
stating  that  no  answer  thereto  has  been  received  by  the 
registrar,  and  if  the  general  registrar  either  before  the  second 

25 


386     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

notice  is  sent  receives  the  first  notice  back  from  the  dead 
letter  office  of  the  postmaster  general,  or  receives  the  second 
notice  back  from  that  office,  or  does  not  within  three  months 
after  sending  the  second  notice  receive  any  answer  thereto 
from  the  said  person,  that  person  shall,  for  the  purpose  of 
the  present  section,  be  deemed  to  have  ceased  to  practise, 
and  his  name  may  be  erased  accordingly. 

(4)  In  the  execution  of  his  duties  the  general  registrar  shall 
act  on  such  evidence  as  in  each  case  appears  sufficient. 

Section  13.  The  general  council  shall  cause  to  be  erased 
from  the  dentists'  register  any  entry  which  has  been  incor- 
rectly or  fraudulently  "made. 

Where  a  person  registered  in  the  dentists'  register  has, 
either  before  or  after  the  passing  of  this  act,  and  either  before 
or  after  he  is  so  registered,  been  convicted  either  in  Her 
Majesty's  dominions  or  elsewhere  of  an  offence  which,  if 
committed  in  England,  would  be  a  felony  or  misdemeanor, 
or  been  guilty  of  any  infamous  or  disgraceful  conduct  in  a 
professional  respect,  that  person  shall  be  liable  to  have  his 
name  erased  from  the  register. 

The  general  council  may,  and  upon  the  application  of  any 
of  the  medical  authorities  shall,  cause  inquiry  to  be  made 
into  the  case  of  a  person  alleged  to  be  liable  to  have  his  name 
erased  under  this  section,  and,  on  proof  of  such  conviction 
or  of  such  infamous  or  disgraceful  conduct,  shall  cause  the 
name  of.  such  person  to  be  erased  from  the  register: 

Provided,  That  the  name  of  a  person  shall  not  be  erased 
under  this  section  on  account  of  his  adopting  or  refraining 
from  adopting  the  practice  of  any  particular  theory  of  den- 
tistry or  dental  surgery,  nor  on  account  of  a  conviction  for  a 
political  offense  out  of  Her  Majesty's  dominions,  nor  on  ac- 
count of  a  conviction  for  an  offense  which,  though  within  the 
provisions  of  this  section,  does  not,  either  from  the  trivial 
nature  of  the  offence  or  from  the  circumstances  under 
which  it  was  committed,  disqualify  a  person  from  practising 
dentistry. 

Any  name  erased  from  the  register  in  pursuance  of  this 
section  shall  also  be  erased  from  the  list  of  licentiates  in 


ENGLAND  387 

dental  surgery  or  dentistry  of  the  medical  authority  of  which 
such  person  is  a  licentiate. 

Section  14.  Where  the  general  council  direct  the  erasure 
from  the  dentists'  register  of  the  name  of  any  person,  or  of 
any  other  entry,  the  name  of  that  person,  or  that  entry,  shall 
not  be  again  entered  in  the  register,  except  by  direction  of 
the  general  council,  or  by  order  of  a  court  of  competent 
jurisdiction. 

If  the  general  council  think  fit  in  any  case,  they  may  direct 
the  general  registrar  to  restore  to  the  dentists'  register  any 
name  or  entry  erased  therefrom,  either  without  fee  or  on 
payment  of  such  fee,  not  exceeding  the  registration  fee,  as 
the  general  council  from  time  to  time  fix,  and  the  registrar 
shall  restore  the  same  accordingly. 

The  name  of  any  person  erased  from  the  dentists'  register 
at  the  request  of  such  person  or  with  his  consent  shall,  unless 
it  might,  if  not  so  erased,  have  been  erased  by  order  of  the 
general  council,  be  restored  to  the  register  on  his  application, 
on  payment  of  such  fee  not  exceeding  the  registration  fee  as 
the  general  council  from  time  to  time  fix. 

Where  the  name  of  a  person  restored  to  the  register  in 
pursuance  of  this  section  has  been  erased  from  the  list  of 
licentiates  in  dental  surgery  or  dentistry  of  any  medical 
authority,  that  name  shall  be  restored  to  such  list  of  licen- 
tiates. 

Section  15.  The  general  council  shall  for  the  purpose 
of  exercising  in  any  case  the  powers  of  erasing  from  and  of 
restoring  to  the  dentists'  register  the  name  of  a  person  or  an 
entry,  ascertain  the  facts  of  such  case  by  a  committee  of  their 
own  body,  not  exceeding  five  in  number,  of  whom  the  quorum 
shall  be  not  less  than  three,  and  a  report  of  the  committee 
shall  be  conclusive  as  to  the  facts  for  the  purpose  of  the 
exercise  of  the  said  powers  by  the  general  council. 

The  general  council  shall  from  time  to  time  appoint  and 
shall  always  maintain  a  committee  for  the  purposes  of  this 
section,  and  subject  to  the  provisions  of  this  section  may  from 
time  to  time  determine  the  constitution,  and  the  number  and 
tenure  of  office  of  the  members  of  the  committee. 


388     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

The  committee  from  time  to  time  shall  meet  for  the 
despatch  of  business,  and  subject  to  the  provisions  of  this 
section,  and  of  any  regulations  from  time  to  time  made  by 
the  general  council,  may  regulate  the  summoning,  notice, 
place,  management,  and  adjournment  of  such  meetings,  the 
appointment  of  a  chairman,  the  mode  of  deciding  questions, 
and  generally  the  transaction  and  management  of  business, 
including  the  quorum,  and  if  there  is  a  c{uorum  the  committee 
may  act  notwithstanding  any  vacancy  in  their  body.  In  the 
case  of  any  vacancy  the  committee  may  appoint  a  member 
of  the  general  council  to  fill  the  vacancy  until  the  next 
meeting  of  the  council. 

A  committee  under  this  section  may,  for  the  purpose  of  the 
execution  of  their  duties  under  this  act,  employ  at  the  expense 
of  the  council  such  legal  or  other  assistants  as  the  committee 
think  necessary  or  proper. 

Section  16.  There  shall  be  payable  in  respect  of  the  reg- 
istration of  any  person  who,  before  the  first  day  of  January, 
1879,  applies  to  be  registered  under  this  act,  a  fee  not  exceed- 
ing two  pounds;  and  in  respect  of  the  registration  of  any 
person  who  after  that  day  applies  to  be  registered,  a  fee  not 
exceeding  five  pounds. 

Section  17.  Subject  to  the  provisions  of  this  act,  the 
general  council  may  from  time  to  time,  make,  alter,  and 
revoke  such  orders  and  regulations  as  they  see  fit  for  regu- 
lating the  general  register  and  the  local  registers,  and  the 
practice  of  registration  under  this  act,  and  the  fees  to  be 
paid  in  respect  thereof. 

Section  18.  Notwithstanding  anything  in  any  act  of 
parliament,  charter,  or  other  document,  it  shall  be  lawful 
for  any  of  the  medical  authorities  (hereinafter  referred  to  as 
colleges  or  bodies)  who  have  power  for  the  time  being  to 
grant  surgical  degrees,  from  time  to  time  to  hold  examina- 
tions for  the  purpose  of  testing  the  fitness  of  persons  to 
practise  dentistry  or  dental  surgery  who  may  be  desirous  of 
being  so  examined,  and  to  grant  certificates  of  such  fitness; 
and  any  person  who  olitains  such  a  certificate  from  any  of 
those  colleges  or  bodies  shall  be  a  licentiate  in  dental  surgery 


ENGLAND  389 

or  dentistry  of  such  college  or  body,  and  his  name  shall  be 
entered  on  a  list  of  such  licentiates  to  be  kept  by  such  college 
or  body. 

Each  of  the  said  colleges  or  bodies  shall  admit  to  the  ex- 
aminations held  by  them  respectively  under  this  section  any 
person  desirous  of  being  examined  who  has  attained  the  age 
of  twenty-one  years,  and  has  complied  with  the  regulations 
in  force  (if  any)  as  to  education  of  such  college  or  body. 

Section  19.  Subject  to  the  provisions  hereinafter  con- 
tained with  reference  to  a  medical  board,  the  council  or 
other  the  governing  body  of  the  Royal  College  of  Surgeons 
of  Edinburgh,  and  the  Faculty  of  Physicians  and  Surgeons 
of  Glasgow,  and  of  the  Royal  College  of  Surgeons  in  Ireland, 
and  of  any  university  in  the  United  Kingdom  respectively, 
may  from  time  to  time  appoint  a  board  of  examiners  for  the 
purpose  of  conducting  the  examinations  and  granting  the 
certificates  hereinbefore  mentioned. 

Each  of  such  boards  shall  be  called  the  board  of  examiners 
in  dental  surgery  or  dentistry,  and  shall  consist  of  not  less 
than  six  members,  one-half  of  whom  at  least  shall  be  persons 
registered  under  this  act,  and  such  registration  shall  not- 
withstanding anything  in  any  act  of  parliament,  charter,  or 
other  document  be  deemed  the  only  qualification  necessary 
for  the  membership  of  such  board. 

The  persons  appointed  by  each  such  council  or  other 
governing  body  shall  continue  in  office  for  such  period,  and 
shall  conduct  the  examinations  in  such  manner,  and  shall 
grant  certificates  in  such  form,  as  such  council  or  other 
governing  body  may  from  time  to  time,  by  by-law3  or  regu- 
lations respectively  direct. 

A  casual  vacancy  in  any  such  board  of  examiners  may  be 
filled  by  the  council  or  other  governing  body  which  appointed 
such  board,  but  the  person  so  appointed  shall  be  qualified 
as  the  person  in  whose  stead  he  is  appointed  was  qualified, 
and  shall  hold  office  for  such  time  only  as  the  person  in  whose 
stead  he  is  appointed  would  have  held  office. 

Section  20.  Such  reasonable  fees  shall  be  paid  for  the 
certificates  to  be  granted  under  this  act  bv  the  board  of 


390     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

examiners  of  the  Royal  College  of  Surgeons  of  Edinburgh, 
the  Faculty  of  Physicians  and  Surgeons  of  Glasgow,  and  of 
the  Royal  College  of  Surgeons  in  Ireland,  and  of  any  such 
university  as  aforesaid  respectively,  as  the  council  or  other 
governing  body  of  each  of  those  colleges  or  bodies  may 
from  time  to  time,  by  bye-laws  or  regulations,  respectively 
direct. 

Section  21.  The  Royal  College  of  Surgeons  of  England 
shall  continue  to  hold  examinations  and  to  appoint  a  board 
of  examiners  in  dentistry  or  dental  surgery  for  the  purpose 
of  testing  the  fitness  of  persons  to  practise  dentistry  or  dental 
surgery  who  may  be  desirous  of  being  so  examined,  and  to 
grant  certificates  of  such  fitness,  subject  and  according  to  the 
provisions  of  their  charter,  dated  the  8th  day  of  September, 
1859,  and  the  bj^-laws  made,  or  to  be  made,  in  pursuance 
thereof :  and  any  person  who  obtains  such  a  certificate  shall 
be  a  licentiate  in  dental  surgery  of  the  said  college,  and  his 
name  shall  be  entered  on  a  list  of  such  licentiates  to  be  kept 
by  the  said  college. 

Section  22.  Medical  authority  to  furnish  information  to 
council. 

Section  23.    General  council  may  report  to  privy  council. 

Section  24.  The  privy  council,  on  any  representation 
made  as  aforesaid,  may,  if  they  see  fit,  order  that  a  certificate 
granted  by  such  college  or  body  after  such  time  as  may  be 
mentioned  in  the  order  shall  not  confer  any  right  to  be 
registered  under  this  act. 

Any  such  order  may  be  revoked  by  the  privy  council  on 
its  being  made  to  appear  to  them,  by  further  representation 
from  the  general  council  or  otherwise,  that  such  college  or 
body  has  made  effectual  provision  to  the  satisfaction  of  the 
general  council,  for  the  improvement  of  such  course  of  study 
or  examination. 

Section  25.  After  the  time  mentioned  in  this  behalf  in 
any  such  order  in  council,  no  person  shall  be  entitled  to  be 
registered  under  this  act  in  respect  of  a  certificate  granted 
by  the  college  or  body  to  which  such  order  relates  after  the 
time  therein  mentioned,  and  the  revocation  of  any  such 


ENGLAND  391 

order  shall  not  entitle  any  person  to  be  registered  in  respect 
of  a  certificate  granted  before  such  revocation. 

Section  26.  If  it  appears  to  the  general  council  that  an 
attempt  has  been  made  by  any  medical  authority  to  impose 
on  any  candidate  offering  himself  for  examination  an  obliga- 
tion to  adopt  or  refrain  from  adopting  the  practice  of  any 
particular  theory  of  dentistry  or  dental  surgery  as  a  test  or 
condition  of  admitting  him  to  examination,  or  granting  a 
certificate  of  fitness  under  this  act,  the  general  council  may 
represent  the  same  to  the  privy  council,  and  the  privy  council 
may  thereupon  issue  an  injunction  to  the  authority  so  acting 
directing  them  to  desist  from  such  practice,  and  in  the  event 
of  their  not  complying  therewith,  then  to  order  that  such 
authority  shall  cease  to  have  power  to  confer  any  right  to  be 
registered  under  this  act  so  long  as  they  continue  such 
practice. 

Section  27.  Certificate  not  to  entitle  holder  to  practise 
medicine  or  surgery. 

Section  28.  In  the  event  of  a  board  being  at  any  time 
after  the  passing  of  this  act  established,  whether  under  the 
name  of  a  medical  board  or  otherwise,  for  nominating  on 
behalf  of  any  two  or  more  of  the  medical  authorities  ex- 
aminers of  persons  desirous  of  practising  medicine  and  sur- 
gery, whether  such  board  (in  this  act  referred  to  as  a  medical 
board)  is  established  under  the  Medical  Act,  1858,  or  other- 
wise, a  person  shall  not  receive  a  certificate  of  fitness  to 
practise  as  a  dentist  from  any  medical  authority  represented 
on  such  board,  or,  if  such  board  is  established  for  the  whole 
of  England,  Scotland,  or  Ireland,  shall  not  be  entitled  to  be 
registered  in  respect  of  any  certificate  obtained  in  England, 
Scotland,  or  Ireland,  as  the  case  may  be,  unless  he  has 
obtained  from  such  board  a  certificate  that  he  has  shown  by 
examination  that  he  is  qualified  to  practise  dentistry  or 
dental  surgery:  Provided,  That  one  half  at  least  of  the  ex- 
aminers at  any  such  examination  shall  be  persons  registered 
under  this  act. 

The  medical  board  shall,  in  such  manner  as  may  be  from 
time  to  time  directed  by  the  general  council,  certify  to  the 


392     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

general  registrar  and  to  the  medical  authorities  the  persons 
who  have  shown  by  examination  that  they  are  qualified  to 
practise  dentistry  or  dental  surgery,  and  every  person  so 
certified  shall  on  application  receive  from  the  Royal  College 
of  Surgeons  of  England,  or  the  Royal  College  of  Surgeons  of 
Edinburgh,  or  the  Faculty  of  Physicians  and  Surgeons  of 
Glasgow,  or  the  Royal  College  of  Surgeons  of  Ireland,  a 
certificate  of  fitness  constituting  such  person  a  licentiate  in 
dental  surgery  or  dentistry  of  such  college  or  faculty. 

If  a  medical  authority  certify  to  the  general  registrar  the 
names  and  addresses  of  the  persons  who,  having  been  so 
certified  by  a  medical  board,  have  received  certificates  from 
that  authority,  together  with  the  other  particulars  required 
for  the  registration  of  such  persons,  the  general  registrar  may, 
upon  payment  of  the  registration  fee,  register  every  such 
person  in  the  dentists  register  without  application  from  that 
person.     .     .     . 

Section  29.  A  copy  of  the  register  of  dentists  for  the  time 
being,  purporting  to  be  printed  and  published  in  pursuance 
of  this  act,  shall  be  evidence  in  all  cases  (until  the  contrary 
be  made  to  appear)  that  the  persons  therein  specified  are 
registered  according  to  the  provisions  of  this  act;  and  the 
absence  of  the  name  of  any  person  from  such  copy  shall  be 
evidence  (until  the  contrary  be  made  to  appear)  that  such 
person  is  not  registered  according  to  the  provisions  of  this 
act:  Provided,  That  in  the  case  of  any  person  whose  name 
does  not  appear  in  such  copy,  a  certified  copy  under  the 
hand  of  the  registrar  of  the  general  council  of  the  entry  of  the 
name  of  such  person  in  the  dentists  register  shall  be  evidence 
that  such  person  is  registered  according  to  the  provisions  of 
this  act. 

Section  30.  Every  person  registered  under  this  act  shall 
be  exempt,  if  he  so  desires,  from  serving  on  all  juries  and 
inquests  whatsoever,  and  from  serving  all  corporate,  paro- 
chial, ward,  hundred,  and  township  offices,  and  from  serving 
in  the  militia;  and  the  name  of  any  registered  person  shall 
not  be  returned  in  any  list  of  persons  liable  to  serve  in  the 
militia  or  in  any  such  office  as  aforesaid. 

Section  31.    Quorum  of  privy  council. 


ALBERTA  393 

Section  32.     Application  of  registration  fees. 

Section  33.    Acconnts  to  be  published. 

Section  34.    Penalty  for  acts  of  registrar. 

Section  35.  Any  person  who  wilfully  procures  or  attempts 
to  procure  himself  to  be  registered  under  this  act,  by  making 
or  producing,  or  causing  to  be  made  or  produced,  any  false 
or  fraudulent  representation  or  declaration  either  verbally  or 
in  writing,  and  any  person  aiding  and  assisting  him  therein, 
shall  be  deemed  guilty  of  a  misdemeanor  in  England  and 
Ireland,  and  in  Scotland  of  a  crime  or  offence  punishable  by 
fine  or  imprisonment,  and  shall  on  conviction  thereof,  be 
liable  to  be  imprisoned  for  any  term  not  exceeding  twelve 
months. 

Section  36.    Duty  of  registrar  of  deaths. 

Section  37.  Any  person  who  has  been  articled  as  a  pupil 
and  has  paid  a  premium  to  a  dental  practitioner  entitled  to 
be  registered  under  this  act  in  consideration  of  receiving 
from  such  practitioner  a  complete  dental  education,  shall,  if 
his  articles  expire  before  the  1st  day  of  January,  1880,  be 
entitled  to  be  registered  under  this  act  as  though  he  had  been 
in  bona  fide  practice  before  the  passing  of  this  act:  more- 
over it  shall  be  lawful  for  the  general  council  by  special  order 
to  dispense  with  such  of  the  certificates,  examinations,  or 
other  conditions  for  registration  in  the  dentists  register 
required  under  the  provisions  of  this  act,  or  under  any  bye- 
laws,  orders,  or  regulations  made  by  its  authority,  as  to  them 
may  seem  fit  in  favor  of  any  dental  students  or  apprentices 
who  have  commenced  their  professional  education  or  appren- 
ticeship before  the  passing  of  this  act. 

Section  38.  General  council  and  medical  authority  to 
make  by-laws. 

Section  39.    Presumption  of  receipt  of  notices. 

Section  40.    Procedure  for  recovering  fees  and  penalties. 

ALBERTA 

Statutes  1906,  Chap.  22,  p.  131. 

Section  1.  This  act  may  be  cited  as  "The  Dental  Asso- 
ciation Act." 


394     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  2.  There  is  hereby  estabhshed  and  constituted  in 
the  Province  of  Alberta  an  association  of  dental  surgeons 
under  the  name  of  the  Alberta  Dental  Association,  which 
shall  be  a  body  corporate  and  politic  under  the  name  of 
"The  Alberta  Dental  Association."     .     .     . 

Section  3.  The  following  persons  shall  be  members  of  and 
shall  constitute  the  said  association,  namely : 

(a)  Every  person  who  at  the  time  of  the  coming  into  force 
of  this  Act  is  a  duly  qualified  and  registered  member  of  the 
College  of  Dental  Surgeons  of  the  Northwest  Territories 
under  the  provisions  of  "The  Dental  Profession  Ordinance," 
being  chapter  sixteen  of  the  Northwest  Territories  Ordinances 
of  1903  (Second  Session),  or  under  any  other,  ordinance  of 
the  Legislature  of  the  Northwest  Territories  relating  to  the 
said  college; 

(b)  Every  person  who  shall  hereafter  be  duly  licensed  and 
registered  under  the  provisions  of  this  act. 

Section  4.  There  shall  be  a  board  of  directors  of  said 
association,  which  shall  consist  of  five  members,  who 
shall,  except  as  hereinafter  provided,  hold  office  for  two 
years.     .     .     . 

Sections  5  to  9.  Election  Board;  Qualification  of  Voters, 
etc. 

Section  10.  The  board  of  directors  at  their  first  meeting 
shall  elect  from  among  themselves  a  president,  a  vice-presi- 
dent, and  a  secretary-treasurer-registrar. 

Section  11.  The  board  of  directors  of  the  association 
shall  hold  two  meetings  in  each  and  every  year  in  such  place 
as  may  from  time  to  time  be  fixed  by  the  board,  for  the 
purpose  of  conducting  examinations,  granting  certificates  of 
license  and  doing  such  other  business  as  may  properly  come 
before  them.  Such  meetings  shall  be  held  on  the  second 
Monday  in  January  and  July  of  each  year  and  may  be 
continued  or  adjourned  until  the  business  before  the  board 
is  disposed  of. 

Section  12.    Majority  must  be  present. 

Section  13.  The  board  of  directors  shall  from  time  to 
time  make  such  rules,  regulations,  and  by-laws  as  may  be 


ALBERTA  395 

necessary  for  the  better  guidance,  government,  discipline, 
and  regulation  of  the  said  board  and  of  the  profession  of 
dentistry  and  for  the  carrying  out  of  this  act: 

Provided,  That  such  rules,  regulations  and  by-laws  shall, 
before  coming  into  force,  be  approved  by  the  Lieutenant 
Governor  in  Council. 

Section  14.  The  board  of  directors  of  said  association 
shall  also  have  the  authority  to  examine  candidates,  both 
for  intermediate  and  final  examinations,  and  to  appoint  ex- 
aminers to  assist  them  in  conducting  such  examinations  or 
such  portions  thereof  as  they  may  desire,  and  they  may 
accept  the  report  of  such  examiners  in  respect  to  the  said 
examinations  or  any  portion  thereof,  and  the  directors  may 
grant  certificates  of  license  to  practise  dental  surgery  in  this 
Province. 

Section  15.  The  said  board  shall  also  have  power  and 
authority  to  appoint  one  or  more  examiners  for  the  matricu- 
lation or  preliminary  examination  of  all  students  entering 
the  profession,  or  may  accept,  in  lieu  of  such  matriculation 
or  preliminary  examination,  evidence  that  any  student  has 
passed  any  other  satisfactory  examination:  Provided,  That 
the  examiners  so  appointed  shall  be  approved  by  the  Minister 
of  Education. 

Section  16.  The  board  shall  also  have  the  power  and 
authority  to  fix  and  determine  the  period  for  which  every 
student  shall  be  articled  and  employed  under  some  duly 
licensed  and  registered  practitioner  and  the  examinations 
necessary  to  be  passed  including  such  intermediate  examina- 
tions as  the  board  may  think  proper,  and  including  the  curri- 
culum of  studies  to  be  pursued  by  students,  and  to  fix  and 
determine  the  fees  to  be  paid  into  the  hands  of  the  treasurer 
of  the  association  before  the  applicant  shall  receive  a  certi- 
ficate of  license  to  practise  the  profession  of  dentistry  or  be 
entitled  to  registration  under  this  act,  and  also  to  fix  the 
annual  fee  to  be  payable  by  each  member  of  the  association : 
Provided,  That  the  fees  hereinbefore  mentioned  shall  not 
in  any  case  exceed  those  set  forth  in  the  following  schedule 
of  fees: 


396     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Matriculation  of  students $10.00 

Examination  for  students 40 .  00 

Examination  for  other  than  students  .      .  50 .  00 

Registration 50.00 

Section  17.  The  matriculation  or  preliminary  examina- 
tion as  provided  in  the  fifteenth  section  of  this  act  shall  be 
passed  by  all  students  prior  to  entering  into  articles  of  in- 
denture with  a  licentiate  of  dentistry,  provided  that  a  certi- 
ficate from  any  recognized  university  of  the  Dominion  of 
Canada  that  the  intending  student  has  matriculated  accord- 
ing to  the  curriculum  of  any  such  university,  or  a  certificate 
from  the  Department  of  Education  that  the  candidate  has 
a  standing  equal  to  that  required  for  second  class  non-pro- 
fessional certificates  of  teachers,  shall  be  taken  in  lieu  of  the 
matriculation  or  preliminary  examination  aforesaid.  The 
commencement  of  the  term  of  any  articled  student  shall  date 
from  the  signing  of  his  articles  as  aforesaid. 

Section  18.  The  board  of  directors  shall,  at  its  regular 
meetings,  examine  or  cause  to  be  examined  all  candidates  for 
license  to  practise  dentistry  and  for  registration  under  this 
act  who  present  themselves  pursuant  to  the  provisions  of  the 
next  succeeding  sections. 

Section  19.  Every  person  being  desirous  of  being  ex- 
amined by  the  said  board  touching  his  qualifications  for  the 
practice  of  the  said  profession  of  dentistry  shall,  at  least  one 
month  before  the  sitting  of  said  board,  pay  into  the  hands  of 
the  treasurer  the  required  fees  and  furnish  him  satisfactory 
evidence  of  his  term  of  apprenticeship  having  been  fulfilled, 
and  as  to  the  applicant's  integrity  and  good  morals. 

Section  20.  The  following  persons,  upon  payment  of  the 
required  fees,  shall  be  entitled  to  receive  certificates  of  license 
to  practise  dentistry  in  this  province  from  the  board  of 
directors  of  said  association,  namely: 

(a)  Any  person  who  is  a  graduate  of  any  school  or  college 
of  dentistry,  or  a  member  of  any  dental  association  recog- 
nized by  order  in  council  as  hereinafter  provided,  and  pro- 
duces sufficient  evidence  of  identity  and  passes  the  final 


ALBERTA  397 

examination  prescribed  for  the  admission  of  students  to 
practise. 

(b)  At  any  time  after  the  passing  of  this  act  the  Lieutenant 
Governor  may  by  order  in  council  set  forth  and  declare  the 
names  of  such  schools,  colleges  and  associations  the  graduates 
of  which  shall  be  entitled  to  receive  certificates  of  license  as 
aforesaid,  and  may  at  any  time  by  further  order  in  council 
recognize  any  other  school,  college,  or  association,  or  rescind 
any  former  order  in  council  recognizing  any  such  school, 
college,  or  association,  and  until  an  order  in  council  is  passed 
refusing  recognition  to  any  school  of  dentistry  of  any  of  the 
Provinces  of  the  Dominion  of  Canada  having  authority  by 
law  to  grant  certificates  of  license  or  diplomas  to  practise 
dentistry  or  any  association  or  school  having  like  powers  in 
the  United  Kingdom  of  Great  Britain  and  Ireland,  any 
graduate  or  member  of  any  such  school  or  association  who 
passes  the  final  examination  prescribed  for  admission  of 
students  to  practise  shall  be  entitled  to  receive  a  certificate 
of  license  as  aforesaid. 

(c)  The  board  of  directors  shall  have  power  to  appoint  one 
or  more  members  of  the  association  as  representatives  of  the 
association  upon  the  Dominion  Dental  Council,  and  the 
board  shall,  so  long  as  represented  on  the  said  council,  accept 
the  certificate  of  qualification  of  the  said  Dominion  Dental 
Council  as  a  qualification  sufficient  without  further  examina- 
tion for  the  granting  to  the  holder  thereof  of  a  license  to 
practise  dentistry  in  the  Province  of  Alberta,  provided  such 
certificate  is  accompanied  by  satisfactory  evidence  of  the 
good  moral  character  of  the  applicant. 

Section  21.  If  the  board  is  satisfied,  by  the  examination 
provided  for  in  the  eighteenth  section  of  this  act,  that  the 
person  is  duly  qualified  to  practise  the  profession  of  dentistry, 
or  that  he  possesses  any  other  of  the  foregoing  qualifications, 
and  is  further  satisfied  that  the  applicant  is  a  person  of 
integrity  and  good  moral  character,  it  shall  grant  him  a 
certificate  of  license  subject  to  the  rules,  regulations,  and 
by-laws  promulgated  under  the  authority  of  this  act,  and 
the  title  of  "Licentiate  of  Dental  Surgery,"  which  certificate 


398     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

and  title  shall  entitle  him  to  all  the  rights  and  privileges  of 
this  act,  subject  however,  to  the  provisions  of  this  act 
respecting  registration. 

Section  22.  Every  certificate  of  license  shall  be  sealed 
with  the  corporate  seal  of  the  association  and  signed  by  the 
board  of  directors  of  said  association  and  the  production  of 
such  certificate  of  license  shall  be  prima  facie  evidence  in  all 
courts  of  law  and  in  all  proceedings  of  whatever  kind  of  its 
execution  and  contents. 

Section  23.  No  diploma  or  certificate  of  license  shall  be 
granted  to  any  person  under  the  age  of  twenty-one  years. 

Section  24.  Every  person  holding  a  valid  and  unforfeited 
certificate  of  license  to  practise  dentistry  under  the  provisions 
of  this  act,  and  who  on  or  before  the  second  Monday  of 
January  in  each  year  shall  have  paid  to  the  registrar  ap- 
pointed by  the  said  board  a  registration  fee  of  two  dollars,  or 
who,  having  during  the  then  current  year  obtained  a  certi- 
ficate of  license  from  the  said  association  to  practise  the  pro- 
fession of  dentistry,  forthwith  pays  to  the  said  registrar  a 
registration  fee  of  two  dollars,  shall  subject  to  the  other 
provisions  of  this  act,  be  entitled  to  have  his  name  entered 
in  the  register  referred  to  in  the  next  succeeding  section  of 
this  act;  and  a  copy  of  such  register,  certified  by  the  said 
registrar,  shall  be  evidence  in  any  court  of  justice  in  Alberta 
that  the  persons  therein  named  are  the  members  of  the  said 
association  for  the  said  year. 

Section  25.  It  shall  be  the  duty  of  the  registrar  as  early 
as  possible  in  each  year  to  make  a  correct  register  in  the  form 
in  Schedule  A  to  this  act  of  the  names  and  addresses  of  all 
persons  who  may  be  entitled  to  registration  under  this  act 
as  members  of  the  said  association  for  the  then  current  year. 

Section  26.  No  person  shall  be  entitled  to  have  his  name 
on  the  said  register  unless  the  registrar  is  satisfied  by  proper 
evidence  that  such  person  is  entitled  to  be  registered,  and  any 
appeal  from  a  decision  of  the  registrar  shall  be  decided  by  the 
board  of  directors  of  said  association. 

(2)  Any  person  dissatisfied  with  the  decision  of  the  board 
of  directors  with  respect  to  the  sufficiency  of  the  evidence 


ALBERTA  399 

produced  by  him  of  his  having  passed  a  sufficient  prehminary 
or  matriculation  examination  or  of  his  having  received  a 
diploma  from  a  recognized  college  or  association  or  a  college 
or  association  mentioned  in  subsection  (6)  section  20  may 
appeal  to  the  Minister  of  Education  whose  decision  shall  be 
final. 

Section  27,  If  it  shall  at  any  time  be  proved  to  the  satis- 
faction of  the  said  board  that  the  name  of  any  person  has 
been  improperly  inserted  in  the  register  for  the  year,  such 
name  may  be  erased  therefrom  by  order  of  said  board. 

Section  28.  Upon  any  person  being  registered  under  this 
act  he  shall  be  entitled  to  receive  a  certificate  under  the  cor- 
porate seal  of  said  association  and  signed  by  the  registrar  in 
the  form  in  Schedule  B  to  this  act  or  to  the  like  effect. 

Section  29.  The  secretary  of  the  said  association  shall  on 
or  before  the  first  day  of  February  in  each  and  every  year 
enclose  to  the  provincial  secretary  a  certified  list  of  the 
names  of  all  persons  then  registered  as  members  of  the  said 
association  for  the  then  current  year. 

Section  30.  All  persons  registered  under  this  act,  and  no 
others,  shall  be  entitled  to  practise  the  profession  of  dentistry 
in  the  Province  of  Alberta,  and  no  person  shall  be  entitled  to 
any  of  the  privileges  of  a  licentiate  or  member  of  the  said 
association,  or  to  practise  the  profession  of  dentistry,  who  is 
in  default  in  respect  of  any  fees  payable  by  him  by  virtue  of 
this  act. 

Section  31.  No  person  shall  be  entitled  to  recover  in  any 
court  of  law  for  any  professional  services  rendered  or  mater- 
ials provided  by  him  in  the  exercise  of  the  profession  of  a 
dentist,  unless  he  be  a  duly  and  legally  qualified  licentiate 
of  dentistry  and  duly  registered  under  the  provisions  of  this 
act. 

Section  32.  If  any  person  not  holding  a  valid  certificate 
of  license  as  aforesaid  or  not  duly  registered,  shall  practise 
within  this  Province  the  said  profession  of  dentistry,  either 
publicly  or  privately,  for  hire,  gain,  or  hope  of  reward,  or 
shall  voluntarily  and  falsely  pretend  to  be  a  duly  qualified 
licentiate  of   dentistry,   or  assume   any  title,   addition  or 


400     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

description  implying  or  calculated  to  lead  people  to  infer  or 
believe  him  to  be  a  duly  qualified  licentiate  of  dentistry,  he 
shall  be  liable,  upon  conviction  in  a  summary  manner  before 
any  justice  of  the  peace  having  jurisdiction  where  the  offence 
is  committed,  to  a  penalty  not  exceeding  two  hundred  dollars 
and  not  less  than  fifty  dollars  for  the  first  offence,  and  for 
each  and  every  subsequent  offence  to  a  penalty  of  four 
hundred  dollars. 

Section  33.  In  case  a  charge  is  made  against  any  licen- 
tiate of  unprofessional  conduct,  or  other  misconduct  pro- 
vided for  by  the  by-laws  passed  or  to  be  passed  under  the 
provisions  of  any  of  said  former  acts  or  this  act,  the  board  of 
directors  shall  have  power  to  hear  and  determine  the  same, 
and  for  this  purpose  to  summon  witnesses  before  them  and 
administer  an  oath  or  affirmation  to  such  witnesses;  and  if 
any  licentiate  shall  be  found  guilty  of  the  charge  preferred 
against  him  he  shall  forfeit  his  certificate  and  title  and  the 
same  shall  be  cancelled.  Such  forfeiture,  however,  may  be 
annulled  and  the  said  license  and  all  rights  and  privileges 
thereunder  fully  renewed  and  restored  by  said  board  in  such 
manner  and  upon  such  conditions  and  terms  as  the  said  board 
shall  think  fit: 

Provided,  however,  That  nothing  in  this  act  contained  shall 
empower  the  said  board  to  deal  with  any  criminal  or  other 
offence  provided  for  by  law. 

Section  34.  Any  licentiate  who  shall  be  convicted  of  any 
malpractice  shall  forfeit  his  license  and  the  same  shall  be 
cancelled;  but  the  board  shall  have  power  to  restore  the  same 
if  it  shall  think  fit  and  proper,  notice  of  such  restoration  to 
be  given  for  two  weeks  in  some  local  newspaper  to  be  deter- 
mined upon  by  the  board. 

Section  35.  All  prosecutions  under  the  provisions  hereof 
may  be  brought  and  heard  before  any  justice  of  the  peace 
having  jurisdiction  where  the  offence  is  committed,  and  such 
justice  of  the  peace  shall  have  power,  in  addition  to  the 
aforesaid  penalty,  to  award  payment  of  costs;  and  in  case 
such  penalt;^'  and  costs  be  not  paid  forthwith  after  conviction 
he  shall  have  power  to  issue  a  warrant  of  distress  therefor 


ALBERTA  401 

against  the  goods  and  chattels  of  the  party  so  convicted,  and 
in  default  of  distress  to  order  imprisonment  for  any  period 
not  exceeding  six  months. 

Section  36.  Any  penalties  imposed  by  this  act  may  be  also 
proceeded  for  and  recovered  by  suit  in  any  court  of  law  hav- 
ing jurisdiction  and  one-half  of  all  penalties  recovered  shall 
go  to  the  prosecutor  and  the  remainder  shall  be  paid  to  the 
treasurer  of  the  said  association  and  form  part  of  the  funds 
of  the  association.  Any  person  may  be  complainant  or 
prosecutor : 

Provided,  cdways,  That  every  such  prosecution  shall  be 
commenced  within  six  months  of  the  alleged  offence. 

Section  37.  In  any  such  prosecution  and  trial  the  onus  of 
proof  as  to  being  a  legally  qualified  licentiate  of  dentistry 
and  a  duly  registered  member  of  said  association  is  upon  the 
person  charged. 

Section  38.  Nothing  in  this  act  contained  shall  interfere 
with  the  privileges  conferred  upon  physicians  and  surgeons 
by  the  various  acts  relating  to  the  practice  of  medicine  and 
surger}^  in  this  Province;  l3ut  in  case  a  regular  physician  and 
surgeon  shall  desire  to  practise  dentistry  as  a  profession 
and  to  publicly  avow  himself  as  a  practitioner  of  said 
profession  of  dentistry  he  shall  first  obtain  a  license  from 
said  board  of  directors  by  paying  the  necessary  fees  and  pass- 
ing an  examination  in  operative  and  mechanical  dentistry 
only. 

Section  39.  Nothing  in  this  act  shall  prevent  any  duly 
indentured  and  registered  student  of  dentistry  from  receiving 
clinical  instruction  and  practice  under  the  personal  super- 
vision of  a  member  of  the  said  association. 

Section  40.  x\ll  moneys  forming  part  of  the  funds  of  the 
said  association  shall  be  paid  to  the  treasurer  and  shall  be 
applied  to  carry  on  the  objects  of  this  act. 

Section  41.  All  fees  that  are  now  payable  under  the 
provisions  of  this  act,  and  the  acts  referred  to  in  the  third 
section  of  this  act  and  the  by-laws  of  said  association  shall 
continue  to  be  payable  until  duly  changed  by  the  by-laws  of 
the  association  pursuant  to  the  provisions  of  this  act. 
26 


402     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  42.  All  rules,  regulations,  and  by-laws  of  the 
College  of  Dental  Surgeons  of  the  Northwest  Territories  in 
force  at  the  passing  of  this  act  shall,  until  the  first  meeting  of 
the  board  of  directors,  be  the  rules,  regulations,  and  by-laws 
of  the  said  association. 


SCHEDULE 

Schedule  A  (Section  25) 
Register. 

Name.  Residence.  Qualification. 

A.  B.  Edmonton  Certificate    of    License,   15th 

March,  1895. 

E.  F.  Macleod  Member  of  (stating  name  of 

cqjlege  or  school  and  where 
situate). 


Schedule  B  (Section  29) 

Certificate  of  Registration. 

I  hereby  certify  that  A.  B.  was,  on  the day 

of  .  .  .  .  ,  19  ,  duly  registered  as  a  member  of  the  Alberta 
Dental  Association,  and  is  authorized  to  practise  his  said 
profession  up  to  the  31st  day  of  December,  19  ,  subject  to 
the  provisions  of  "The  Dental  Association  Act." 

(Signed)  E.  F. 


Registrar  of  The  Alberta  Dental  Association. 


Corporate  Seal 

of  the 

Association. 


BRITISH  COLUMBIA  403 


BRITISH  COLUMBIA 

Statutes  1908,  Chap.  2,  p.  3. 

Section  1.    This  act  may  be  cited  as  the  "  Dentistry  Act." 

■  Section  2.  (1)  In  and  for  the  Province  of  British  Colum- 
bia there  shall  be  a  College  of  Dental  Surgeons,  hereinafter 
called  "the  College." 

(2)  The  membership  of  the  said  College  shall  be  composed 
of  all  persons  who  are  at  the  time  of  the  passing  of  this  act 
by  law  authorized  to  practise  the  profession  of  dentistry  or 
dental  surgery  in  the  Province  of  British  Columbia,  and  all 
such  persons  shall  be  registered  as  members  of  the  College 
without  any  application  or  other  proceeding;  and  also  of  all 
persons  who  may  hereafter  become  and  be  registered  mem- 
bers of  the  College  under  and  by  virtue  of  the  provisions  of 
this  act. 

Section  3.  The  members  of  the  College  are  hereby  con- 
stituted a  body  corporate  under  the  name  of  "The  College 
of  Dental  Surgeons  of  British  Columbia,"  and  shall  have 
perpetual  succession  and  a  common  seal,  with  the  power  to 
acquire,  hold,  and  dispose  of  chattel  property  and  real  estate 
for  the  purposes  of  this  act,  and  to  sue  and  be  sued. 

Section  4.  There  shall  be  a  council  of  the  College  to  be 
elected  in  the  manner  hereinafter  provided  for  in  this  act, 
and  referred  to  in  this  act  as  the  "council." 

Sections  5  to  10.  '  Members  of  Council;  Election;  Term; 
Vacancy,   etc. 

Section  11.  The  council  shall  annually  appoint  from 
amongst  themselves  a  president,  a  registrar,  a  treasurer,  and 
other  officers,  as  may  from  time  to  time  be  necessary  for  the 
working  of  this  act,  who  shall  hold  office  during  the  pleasure 
of  the  council;  and  the  said  council  shall  have  power  to  fix  by 
by-law  from  time  to  time  the  salaries  or  fees  to  be  paid  to 
such  officers. 

Section  12.  The  council  shall  appoint  annually  from 
amongst  its  members  an  "Executive  Committee"  to  take 
cognizance  of  and  action  upon  all  as  such  matters  shall  be 


404     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

delegated  to  it  by  the  council,  or  such  as  may  require  imme- 
diate action,  interference  or  attention  between  the  adjourn- 
ment of  the  council  and  its  next  meeting,  and  all  such  acts 
shall  be  valid  only  until  the  next  ensuing  meeting  of  the 
council.  But  such  committee  shall  have  no  power  to  alter, 
repeal,  or  suspend  any  by-law  of  the  council. 

Sections  13  to  17.    Meetings. 

Section  18.  The  council  shall  cause  to  be  kept,  by  an 
officer  appointed  by  them  and  to  be  called  the  registrar,  a 
book  or  register  to  be  known  as  "The  Register  of  the  Mem- 
bers of  the  College  of  Dental  Surgeons  of  British  Columbia," 
and  hereinafter  in  this  act  called  "The  Register,"  in  which 
shall  be  entered  and  registered  the  name  of  every  person  who 
becomes  a  member  of  the  College  under  and  by  virtue  of 
the  provisions  of  this  act.  Such  register  may  be  in  the  form 
set  forth  in  the  Second  Schedule  to  this  act. 

Section  19.  Only  those  persons  whose  names  are  entered 
and  registered  in  the  register  shall  be  qualified  and  permitted 
to  practise  dentistry  and  dental  surgery  in  the  Province  of 
British  Columbia,  or  shall  be  licensed  to  so  practise  by  the 
issuance  of  the  annual  licenses  hereinafter  provided  for. 

Section  20.  The  register  shall  at  all  times  be  open  and 
subject  to  inspection  by  any  member  of  the  College. 

Section  21.  The  registrar  shall,  immediately  upon  his 
appointment,  without  the  payment  of  any  fee  whatever, 
enter  and  register  in  the  register  the  name  of  every  person 
who  is  at  the  time  of  the  passing  of  this  act  entitled  to  mem- 
bership in  the  College,  under  and  by  virtue  of  the  provisions 
of  subsection  (1)  of  section  2  of  this  act. 

Section  22.  The  following  persons  shall,  upon  payment 
of  all  fees  required  to  be  paid  for  that  purpose,  be  entitled  to 
be  registered  as  members  of  the  College  and  to  receive  a  cer- 
tificate of  license  to  practise  dentistry  or  dental  surgery  in 
the  province,  which  license  shall  be  in  the  form  prescribed  by 
council : 

(a)  Any  person  who  has,  prior  to  the  passing  of  this  act, 
been  articled  to  and  employed  and  instructed  as  a  student 
for  the  full  term  of  service  called  for  by  such  articles  by  any 


BRITISH   COLUMBIA  405 

person  who  is  entitled  under  the  provisions  of  subsection  (1) 
of  section  2  of  this  act  to  registration  as  a  member  of  the 
College,  or  who  hereafter  may  become  so  articled  to  and 
employed  and  instructed  as  a  student  by  a  member  of  the 
College,  and  who  shall  have  served  the  term  and  shall  have 
passed  the  examinations  required  by  the  council  and  com- 
plied with  the  rules  and  regulations  of  the  council. 

{h)  Any  person  who  has  passed  the  final  examinations 
prescribed  by  the  council  for  persons  applying  for  registration 
as  members  of  the  College  under  this  act,  and  who  is  a  gradu- 
ate of  any  school  or  College  of  dentistry  duly  established, 
equipped,  and  maintained  in  any  part  of  the  Dominion  of 
Canada,  having  authority  under  and  by  virtue  of  the  pro- 
visions of  any  act  or  statute  of  the  Parliament  of  Canada  or 
of  the  Legislative  Assembly  of  any  Province  in  Canada  to 
grant  degrees  evidencing  proficiency  in  and  conferring  the 
right  to  practise  the  profession  of  dentistry  and  dental 
surgery  and  who  produces  his  certificate  of  graduation 
evidencing  his  degree,  together  with  such  evidence  as  the 
council  may  require  that  his  degree  has  not  been  revoked 
or  cancelled. 

(c)  Any  person  who  has  passed  the  final  examinations 
prescribed  by  the  council  for  persons  applying  for  registration 
as  members  of  the  College  under  this  act,  and  who  is  a  gradu- 
ate of  any  school  or 'college  in  the  United  Kingdom  of  Great 
Britain  and  Ireland,  or  in  any  of  the  British  Dominions 
beyond  the  seas  other  than  the  Dominion  of  Canada,  having 
authority  under  and  by  virtue  of  any  act  or  statute  of  the 
Parliament  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  or  of  the  Parliament  or  Legislative  Assembly  of  any 
British  Dominion  aforesaid,  to  grant  degrees  evidencing 
proficiency  in  and  conferring  the  right  to  practise  the  pro- 
fession of  dentistry  and  dental  surgery  and  who  produces  his 
certificate  of  graduation  evidencing  his  degree,  together  with 
such  evidence  as  the  council  may  require  that  his  degree  has 
not  been  revoked  or  cancelled. 

{d)  Any  person  who  has  passed  the  final  examination  pre- 
scribed by  the  council  for  persons  applying  for  registration  as 


406     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

members  of  the  College  under  this  act  and  who  is  a  graduate 
of  any  duly  established,  equipped,  and  maintained  school 
or  college  of  dentistry  in  any  State  of  the  United  States  of 
America  having  authority  under  and  by  virtue  of  any  act, 
law  or  statute  of  such  State  to  grant  degrees  evidencing 
proficiency  in  and  conferring  the  right  to  practise  the  pro- 
fession of  dentistry  or  dental  surgery  and  who  produces  his 
certificate  of  graduation  evidencing  such  degree,  together 
with  such  evidence  as  the  council  may  require  that  his  degree 
has  not  been  revoked  or  cancelled,  and  who  also  produces 
evidence  proving  to  the  satisfaction  of  the  council  that  he  has 
passed  a  matriculation  or  preliminary  examination  of  the 
same  scope  and  nature  as  hereinafter  in  this  act  prescribed 
for  a  student  who  enters  upon  his  study  of  the  profession  of 
dentistry  and  dental  surgery  under  articles  to  a  member 
of  the  College. 

Section  23.  No  person  shall  be  entitled  to  be  registered 
under  the  provisions  of  this  act  as  a  member  of  the  College 
unless  and  until  such  person  shall  satisfy  the  council  that  he 
is  a  person  of  good  character. 

Section  24.  No  person  shall  be  registered  under  the  pro- 
visions of  this  act  as  a  member  of  the  College  unless  such 
person  be  of  the  full  age  of  twenty-one  years. 

Section  25.    Powers  of  Council;  Rules,  and  Regulations. 

Section  26.  The  council  shall  also  have  authority  to  make 
rules  and  regulations  respecting  the  preliminary  examination 
and  the  matriculation  of  all  students  entering  upon  the  study 
of  the  profession  of  dentistry  and  dental  surgery  in  the 
Province  of  British  Columbia,  and  to  provide  in  lieu  of  such 
matriculation  or  preliminary  examination  any  other  satis- 
factory examination,  and  to  fix  and  determine  the  period  not 
exceeding  five  years  for  which  such  students  shall  be  articled 
to  and  employed  under  a  member  of  the  College,  and  to 
prescribe  the  studies  and  course  of  instruction  of  such  stu- 
dents, the  intermediate  and  final  examinations  to  be  passed 
by  such  students  to  entitle  them  to  registration  under  this 
act,  and  to  make  all  such  regulations  and  rules  as  may  be 
necessary  for  the  conduct  of  such  examinations:   Provided, 


BRITISH  COLUMBIA  407 

always,  hotvever,  That  any  student  who  at  the  time  of  the 
coming  into  force  of  this  act  is  regularly  articled  to  any 
person  duly  licensed  to  practise  the  profession  of  dentistry 
or  dental  surgery  in  the  Province  of  British  Columbia  and  in 
active  practice  shall  be  deemed  to  have  matriculated  or 
passed  the  preliminary  examination  and  to  have  been  duly 
articled  and  employed  under  this  act  since  the  day  of  the 
date  of  his  articles. 

Section  27.  The  matriculation  or  preliminary  examina- 
tion provided  in  the  next  preceding  section  shall  be  passed  by 
all  persons  applying  to  be  admitted  as  students  of  dentistry 
or  dental  surgery  prior  to  becoming  articled  to  any  member 
of  the  "College :  Provided,  That  a  certificate  from  any  Univer- 
sity in  the  Dominion  of  Canada  established  by  authority  of 
any  act  of  the  Parliament  of  Canada  or  of  the  Legislative 
Assembly  of  any  Province  of  Canada,  that  the  applicant 
has  passed  the  matriculation  examinations  prescribed  by  the 
curriculum  of  such  University,  shall  be  accepted  in  lieu  of 
the  preliminary  examination  or  matriculation  required  by 
this  act. 

Section  28.  The  council  shall  also  have  power  to  examine 
candidates  applying  for  a  license  under  the  provisions  of 
section  22  of  this  act,' and  to  make  all  regulations  necessary 
for  the  conduct  of  such  examinations  and  to  appoint  such 
times  and  places  therefor  as  they  may  deem  fit:  Provided, 
however,  That  examinations  shall  be  held  at  least  twice  in 
each  year. 

Section  29.  Every  person  who  is  desirous  of  taking  the 
final  examination  of  the  council  shall,  pursuant  to  the  rules 
of  the  council,  notify  the  registrar  of  the  council  and  shall 
pay  to  the  council  the  fees  required  for  such  examination 
and  furnish  the  council  with  evidence  of  his  qualifications,  as 
provided  in  section  22  hereof. 

Section  30.  The  council  shall  also  have  power  and  author- 
ity to  appoint  a  board  of  examiners  to  examine  all  candidates 
for  examination,  which  board  shall  be  governed  by  the  rules 
and  regulations  of  the  council  and  shall  report  the  result  of 
such  examinations  to  the  council.    Any  member  of  the  council 


408     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

shall  be  eligible  for  appointment  as  a  member  of  the  board 
of  examiners. 

Section  31.  There  shall  be  payable  to  the  College  by- 
students  and  persons  applying  for  a  license  the  following 
fees: 

(a)  For  each  registration  as  student    .      .     $10 .  00 

(b)  For  each  intermediate  examination     .       30 .  00 

(c)  For  each  final  examination .      .      .      .       50 .  00 

(d)  For  registration  as  member  of- the  College  10.00 

Section  32.    Salaries  of  officers. 

Section  33.  It  shall  be  the  duty  of  the  registrar  to  keep 
his  register  correct  in  accordance  with  the  provisions  of  this 
act,  and  the  rules  and  regulations  of  the  council,  and  he 
shall  from  time  to  time  make  the  necessary  alterations  in 
the  addresses  or  qualifications  of  the  persons  registered  under 
this  act  and  issue  to  each  member  of  the  College  a  certificate 
of  registration  in  the  form  prescribed  by  the  council,  and 
perform  such  other  duties  as  may  be  imposed  upon  him  by 
the  council. 

Section  34.    Regulation  of  Register. 

Section  35.  Every  person  registered  under  this  act  who 
obtains  a  higher  degree,  or  any  qualification  additional  to  the 
qualification  in  respect  of  which  he  has  been  registered,  shall 
be  entitled  to  have  such  higher  degree  or  additional  qualifi- 
cation inserted  in  the  Register,  in  substitution  for,  or  in 
addition  to  the  degree  or  qualification  previously  registered 
on  the  payment  of  such  fees  as  the  council  may  appoint. 

Section  36.  No  degree  or  qualification  shall  be  entered  on 
the  Register,  either  on  the  first  registration  or  by  way  of 
addition  to  a  registered  name,  unless  the  registrar  be  satisfied 
by  proper  evidence  that  the  applicant  is  duly  entitled;  and 
any  appeal  from  the  decision  of  the  registrar  on  any  matter 
or  question  of  fact  or  evidence  may  be  decided  by  the  council. 

Section  37.  Any  entry  in  the  Register  proved  to  the  satis- 
faction of  the  council  to  have  been  fraudulently  or  incorrectly 
made  may  be  erased  from  the  Register  by  an  order  of  the 
council  or  of  the  Executive  Committee. 


BRITISH  COLUMBIA  409 

Section  38.  If  any  person  procure  or  cause  to  be  procured 
his  registration  under  this  act  by  means  of  any  false  or  frau- 
dulent representations  or  declaration,  either  verbally  or  in 
writing,  it  shall  be  lawful  for  the  registrar,  upon  the  receipt 
of  sufficient  evidence  of  the  falsity  or  fraudulent  character  of 
said  representations  or  declaration,  and  upon  order  of  the 
council  or  the  executive  committee,  to  erase  the  name  of  such 
person  from  the  Register,  and  to  make  known  the  fact  and 
cause  of  such  erasure  by  notice  to  be  published  in  the  British 
Columbia  Gazette;  and  after  such  notice  has  appeared,  the 
person  whose  name  has  been  erased  as  aforesaid  shall  cease 
to  be  a  member  of  the  College  and  shall  cease  to  enjoy  any 
of  the  privileges  enjo^^ed  or  conferred  by  registration  under 
this  act. 

Section  39.  Any  member  of  the  College  who  shall  be 
convicted  in  any  court,  of  an  indictable  offence  shall  thereb}^, 
in  the  discretion  of  the  council,  forfeit  the  right  to  registra- 
tion, and  upon  an  order  of  the  council  his  name  shall  be 
erased  from  the  Register  by  the  registrar;  and  in  case  a  person 
known  to  have  been  convicted  of  an  indictable  offence  present 
himself  for  registration,  the  registrar  shall  have  power  to 
refvise  such  registration  uijless  and  until  the  council,  after 
investigation,  shall  direct  registration  to  be  made,  and  if 
any  person  registered  under  this  act  shall,  after  inquiry  and 
hearing  by  the  council  or  the  executive  committee,  be 
adjudged  to  have  been  guilty  of  infamous  or  unprofessional 
conduct  in  any  respect,  the  council  or  the  executive  com- 
mittee shall  have  power  to  order  the  registrar  to  erase  the 
name  of  such  person  from  the  Register  and  erasure  shall  be 
forthwith  made  pursuant  to  such  order. 

Section  40.  The  council  may,  and  upon  application  of 
any  three  members  of  the  College  shall,  cause  inquiry  to  be 
made  into  the  case  of  a  person  alleged  to  be  liable  to  have  his 
name  erased  under  the  last  preceding  section,  and  on  proof 
to  the  satisfaction  of  the  council  or  of  the  executi^•e  commit- 
tee of  such  con\'iction,  or  of  such  infamous  or  unprofessional 
conduct,  shall  order  the  name  of  such  person  to  be  erased 
from  the  Register  bv  the  registrar,  and  erasure  shall  be  forth- 


410     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

with  made  pursuant  to  such  order :  Provided,  That  the  name 
of  a  person  shall  not  be  erased  under  this  or  the  last  preceding 
section  on  account  of  his  adopting  or  refraining  from  adopting 
the  practice  of  any  particular  theory  of  dentistry  or  dental 
surgery,  nor  on  account  of  a  conviction  for  a  political  offence 
out  of  His  Majesty's  dominions,  nor  on  account  of  a  convic- 
tion for  an  offence  which,  though  within  the  provisions  of  the 
last  preceding  section,  ought  not,  in  the  opinion  of  the  council 
or  the  committee  hereinafter  named,  either  from  the  trivial 
nature  of  the  offence  or  from  the  curcumstances  under  which 
it  was  committed,  to  disqualify  a  person  from  practising  the 
profession  of  dentistry  or  dental  surgery. 

Section  41.  The  council  or  executive  committee  may 
order  to  be  paid  out  of  the  funds  of  the  College  such  costs  as 
may  seem  just  to  any  person  against  whom  any  complaint 
has  been  made,  which,  when  finally  determined,  is  found  to 
have  been  frivolous  and  vexatious. 

Section  42.  ^Miere  the  council  or  the  executive  committee 
shall  order  the  erasure  from  the  Register  of  the  name  of  any 
person  or  of  any  other  entry,  the  name  of  that  person  or  that 
entry  shall  not  be  again  entered  on  the  Register,  except  by  the 
direction  of  the  council,  or  by  an  order  of  the  Supreme  Court 
of  British  Columbia  or  a  judge  thereof. 

Section  43.  The  council  may  order  the  registrar  to 
restore  to  the  register  any  name  or  entry  erased  therefrom 
either  without  fee,  or  on  payment  of  such  fee,  not  exceeding 
the  registration  fee,  as  the  council  may  from  time  to  time 
fix,  and  the  registrar  shall  restore  such  name  or  entry  accord- 
ing to  the  terms  of  the  order  of  the  council. 

Section  44.  The  executive  committee  of  the  council  shall 
always  have  all  the  powers  of  the  council  for  the  purposes  of 
sections  39,  40,  and  41  of  this  act,  in  addition  to  all  other 
powers  by  this  act  conferred  upon  or  vested  in  the  executive 
committee. 

Section  45.  Transaction  of  business  by  executive  com- 
mittee. 

Section  46.  The  executive  committee  may,  for  the  pur- 
pose of  the  execution  of  the  duties  of  the  committee  under 


BRITISH  COLUMBIA  411 

this  act,  employ  at  the  expense  of  the  council  such  legal  or 
other  assessor  or  assistant  as  the  committee  may  think 
necessary  or  proper;  and  any  person  whose  status  or  conduct 
is  the  subject  of  inquiry  shall  also  have  the  right  to  be  repre- 
sented by  counsel. 

Section  47.  At  least  one  week  before  the  first  meeting  of 
the  committee  to  be  held  for  taking  evidence  or  otherwise 
ascertaining  facts,  a  notice  shall  be  served  upon  the  person 
whose  status  or  conduct  is  the  subject  of  inquiry,  and  such 
notice  shall  embody  a  copy  of  the  charges  made  against  him, 
or  a  statement  of  the  subject  matter  of  the  inquiry,  and  shall 
also  specify  the  time  and  place  of  such  meeting.  The  testi- 
mony of  witnesses  shall  be  taken  under  oath,  which  the 
chairman,  or  acting  chairman,  of  the  committee  is  hereby 
authorized  to  administer,  and  there  shall  be  full  right  to 
cross-examine  all  witnesses  called,  and  to  call  evidence  in 
defence  and  reply.  In  the  event  of  the  non-attendance  of 
the  person  w^hose  status  or  conduct  is  the  subject  of  such 
inquiry,  the  committee'  may,  upon  proof  of  the  personal 
service  of  the  notice  aforesaid  in  accordance  with  the  pro- 
visions of  this  section,  which  proof  of  service  may  be  by 
statutory  declaration,  proceed  with  the  subject  matter  of  the 
inquiry  in  his  absence,  and  make  their  report  of  the  facts 
without  further  notice  to  such  person. 

Section  48.  No  action  shall  be  brought  against  the  coun- 
cil or  the  executive  committee  for  anything  done  bona  fide 
under  this  act,  notwithstanding  any  want  of  form  in  the 
proceedings;  but  any  person  aggrieved  or  affected  by  any 
order  of  the  council  or  of  the  executive  committee,  or  whose 
name  has  been  ordered  to  be  erased  from  the  register  may 
appeal  from  the  decision  of  the  council  or  executive  com- 
mittee to  any  judge  of  the  Supreme  Court  of  British  Colum- 
bia, at  any  time  within  six  months  from  the  date  of  the  order 
appealed  from ;  the  said  judge  thereof  may,  upon  the  hearing 
of  such  appeal,  make  such  order  confirming  or  reversing,  in 
whole  or  in  part,  or  varying  the  order  appealed  from,  or 
directing  further  inquiries  by  the  committee  or  council  into 
the  facts  of  the  case,  and  as  to  costs  as  to  the  said  judge 


412     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

thereof  shall  seem  right  in  the  premises.  An  appeal  shall  lie 
from  the  decision  of  such  judge  to  the  full  court,  and  the 
full  court  shall  have  all  the  powers  which  may  by  this  act  be 
exercised  either  by  the  committee  or  council  or  the  judge 
appealed  from. 

Section  49.    Material  to  be  used  on  appeal. 

Section  50.  In  any  hearing  or  proceeding  under  this  act, 
or  in  respect  of  any  matter  or  thing  dealt  with  by  this  act, 
and  in  any  suit  or  action  wherein  the  status  of  any  person, 
so  far  as  relates  to  any  matter  or  thing  dealt  with  by  this  act, 
is  called  into  question,  and  in  any  prosecution  of  any  person 
for  any  contravention  of  any  of  the  provisions  of  this  act  or 
of  any  rule  or  regulation  of  the  council  made  under  and  by 
virtue  of  the  provisions  of  this  act,  the  burden  and  onus  of 
proof  shall  be  upon  the  person  alleging  or  setting  up  or 
claiming  membership  in  the  College  and  the  right  to  practise 
the  profession  of  dentistry  and  dental  surgery  under  and  by 
virtue  of  the  provisions  of  this  act,  in  so  far  as  relates  to 
proof  of  such  membership  and  right  to  practise. 

Section  51.  In  all  cases  where  proof  of  registration  under 
this  act  is  required  to  be  made,  the  production  of  the  last 
annual  list  published  in  the  British  Columbia  Gazette  as 
hereinafter  provided  or  of  a  certificate  bearing  a  date  subse- 
quent to  the  issue  of  the  said  Gazette  containing  said  annual 
list,  showing  that  the  person  or  persons  therein  named  is  or 
are  duly  registered,  certified  under  the  hand  of  the  registrar 
and  seal  of  the  College  for  the  time  being,  shall  be  sufficient 
evidence  of  such  registration  in  lieu  of  the  production  of  the 
original  register;  and  any  such  certificate  purporting  to  be 
signed  by  any  person  in  the  capacity  of  registrar  shall  be 
prima  facie  evidence  that  such  person  is  such  registrar 
without  any  proof  of  his  signature  or  of  his  being  in  fact 
such  registrar:  Provided,  always,  That  the  evidence  herein 
aforesaid  may  be  displaced  by  any  certificate  of  the  registrar 
under  seal  of  the  College,  showing  the  fact  of  erasure  of  any 
name  or  suspension  or  revocation  of  any  license  to  practise. 

Section  52.  There  shall  be  due  and  payable  annually  by 
every  member  of  the  College  actually  engaged  in  the  practice 


BRITISH  COLUMBIA  413 

of  the  profession  of  dentistry  or  dental  surgery  to  the  College, 
on  the  first  Monday  in  March  in  each  year,  the  sum  of  ten 
dollars,  but  the  council  may  by  a  rule  provide  that  such 
amount  may  be  reduced  to  a  sum  not  exceeding  five  dollars, 
if  paid  on  or  before  the  first  Monday  in  P'ebruary  and  each 
member  of  the  College  so  engaged  in  practice  shall  obtain 
from  the  registrar  annually  a  certificate  under  the  seal  of  the 
College  of  the  same  date,  stating  his  qualification  to  practise, 
and  that  the  certificate  is  in  force  for  one  year  from  its  date, 
and  it  shall  be  the  duty  of  the  registrar,  upon  payment  of 
such  fee,  to  issue  the  certificate.  Such  certificate  may  be  in 
the  following  form: 

"College  of  Dental  Surgeons  of  British  Columbia. 
"Annual  Certificate,  No. 

"  This  is  to  certify  that has  paid  to  the  College 

of  Dental  Surgeons  of  British  Columbia,  under  the  provisions 
of  the  '  Dentistry  Act,'  the  sum  of  .   .   .  dollars,  and  that  the 

said is  hereby  entitled  to  practise  the  profession 

of  Dentistry  and  Dental  Surgery  in  the  Province  of  British 
Columbia  for  one  year  from  the  date  hereof. 

"Dated  February,  19 

"  Registrar." 

Section  53.  Subject  to  the  provisions  of  the  preceding 
section,  if  any  member  of  the  College,  either  in  his  own  name 
or  as  a  member  of  any  firm,  practises  the  profession  of  den- 
tistry or  dental  surgery  in  British  Columbia,  without  having 
taken  out  a  certificate  for  the  current  year,  as  directed  by  the 
last  preceding  section  of  this  act,  he  shall  for  every  such 
offence  forfeit  and  pay  the  sum  of  fifty  dollars  to  the  College, 
which  sum  may  be  recovered  in  any  court  of  competent 
jurisdiction  in  British  Columbia  by  the  College ;  and  he  may 
also  be  suspended  by  the  council  from  membership  in  the 
College  and  from  practise  of  the  profession  of  dentistry  and 
dental  surgery  for  any  period  not  exceeding  six  months,  or 


414     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

until  the  fee  payable  for  such  certificate,  and  the  further 
sum  of  fifty  dollars  forfeited  as  aforesaid,  have  been  duly 
paid. 

Section  54.    Application  of  fees. 

Section  55.  On  the  first  Tuesday  in  the  month  of  March 
in  each  year  the  registrar,  under  the  direction  of  the  council, 
shall  prepare  and  shall  certify  under  his  hand  and  the  seal  of 
the  College  a  list  setting  forth  in  alphabetical  order  the 
names,  and  giving  also  the  place  of  residence  of  all  the 
members  of  the  College  who  have  paid  their  annual  fees  for 
the  then  current  year  and  have  had  issued  to  them  annual 
certificates ;  and  shall,  so  soon  as  may  be  thereafter  and  at  the 
cost  of  the  College,  cause  a  true  copy  of  such  list,  certified  as 
aforesaid,  to  be  published  in  one  issue  of  the  British  Columbia 
Gazette;  and  production  of  a  copy  of  said  Gazette  cpntaining 
such  list  shall  be  prima  facie  evidence  of  the  right  of  every 
person  named  in  such  list  to  practise  the  profession  of  den- 
tistry or  dental  surgery  in  British  Columbia  for  one  year 
from  the  date  of  such  list,  and  the  absence  of  the  name  of  any 
person  from  such  list  shall  be  prima  facie  evidence  that  such 
person  is  not  registered  or  entitled  to  practise  under  the 
provisions  of  this  act. 

Section  56.    Complaint  regarding  omission  from  hst. 

Section  57.  Every  person  registered  and  holding  an 
unexpired  annual  certificate  under  the  provisions  of  this  act 
shall  be  entitled  to  practise  the  profession  of  dentistry  and 
dental  surgery  in  the  Province  of  British  Columbia,  and  to 
demand  and  recover  from  any  person  or  patient  in  any  court 
of  law,  with  full  costs  of  suit,  reasonable  charges  for  pro- 
fessional aid,  advice,  and  services  and  the  cost  of  any  medi- 
cines, materials,  or  appliances  rendered  or  supplied  by  him 
to  such  person  or  patient. 

Section  58.  Any  person  entitled  to  be  registered  under 
this  act,  but  who  neglects  or  omits  to  be  so  registered  or  to 
take  out  an  annual  certificate  in  every  year,  shall  not  be 
entitled  to  any  of  the  rights  or  privileges  conferred  by  regis- 
tration under  the  provisions  of  this  act,  so  long  as  such 
neglect  or  omission  continues;  and  he  shall  be  liable  to  all  the 


BRITISH  COLUMBIA  415 

penalties  imposed  by  this  act,  or  by  any  other  act  in  force 
against  unqualified  or  unregistered  practitioners. 

Section  59.  It  shall  not  be  lawful  for  any  person  not 
registered  under  this  act,  and  not  holding  an  unexpired 
annual  certificate,  to  practise  the  profession  of  dentistry  or 
dental  surgery  in  British  Columbia,  for  hire,  gain,  or  hope 
of  reward. 

Section  60.  No  person  shall  be  entitled  to  recover  any 
charge  in  any  court  of  law  for  any  aid,  advice,  or  assistance 
rendered  by  him  or  for  attendance,  or  for  the  performance  of 
any  operation,  or  for  any  medicine  or  materials  that  he  may 
have  prescribed  or  supplied  as  a  dentist  or  dental  surgeon, 
unless  he  be  registered  under  this  act  and  be  the  holder  of  an 
unexpired  annual  certificate  under  this  act. 

Section  61.  Every  person  who  shall  be  registered  under 
the  provisions  of  this  act  shall  be  exempt,  if  he  so  desire,  from 
serving  on  all  juries  and  inquests  whatsoever. 

Section  62.  No  duly  -registered  member  of  the  College 
shall  be  liable  in  any  action  for  negligence  or  malpractice  by 
reason  of  professional  services  requested  or  rendered,  unless 
such  action  be  commenced  within  one  year  from  the  date 
when,  in  the  matter  complained  of,  such  professional  services 
are  terminated. 

Section  63.  The  right  by  this  act  conferred  upon  a  mem- 
ber of  the  College  holding  an  annual  unexpired  certificate  to 
practise  the  profession  of  dentistry  or  dental  surgery  in 
British  Columbia  is  a  personal  right,  and  every  such  member 
so  practising  shall  at  his  office  or  place  of  practice,  by  a 
proper  sign,  conspicuously  placed,  set  forth  his  proper 
name,  so  that  all  persons  applying  to  him  for  professional 
aid  and  treatment  may  have  certainty  of  his  identity  and 
means  of  availing  themselves  of  the  protective  provisions 
of  this  act: 

(a)  Nothing  herein  shall  be  deemed  or  construed  to  pre- 
vent any  partnership  between  two  or  more  duly  registered 
and  licensed  members  of  the  College,  provided  that  the 
proper  name  of  each  member  of  the  partnership  shall  at  all 
times  be  conspicuously  displayed  in  manner  aforesaid: 


416     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

(h)  Nothing  herein  shall  be  deemed  or  construed  to  prevent 
a  duly  licensed  and  registered  member  of  the  College  entering 
the  employ  of  any  other  duly  registered  and  licensed  member 
of  the  college  actually  engaged  in  practising  the  profession  of 
dentistry  and  dental  surgery  in  British  Columbia. 

Section  64.  Nothing  in  this  act  shall  prevent  any  duly 
indentured  and  registered  student  of  dentistry  from  receiving 
clinical  instruction  and  practice  under  the  personal  super- 
vision of  a  member  of  the  College,  but  no  student  shall  engage 
in  or  perform  any  dental  work,  or  any  work  in  the  nature  of 
dental  surgery,  except  in  the  presence  of  and  under  the  direct 
personal  supervision  of  a  member  of  the  College. 

Section  65.  No  student  shall  be  placed  in  charge  of  any 
dental  office  or  place  where  dental  work  is  carried  on,  and  no 
member  of  the  College  shall  leave  or  permit  his  office  or  place 
to  be  left  in  charge  of  any  student  to  perform  any  dental 
operation  during  the  absence  of  his  principal. 

Section  66.  No  member  of  the  College  shall,  in  the  prac- 
tice of  the  profession  of  dentistry  or  dental  surgery,  use  any 
trade  name  or  designation,  or  corporate  name,  or  any  dis- 
tinguishing name,  for  any  premises  in  which  he  carries  on  the 
practice  of  his  profession,  but  every  such  member  shall  for 
all  purposes  in  connection  with  his  profession  use  his  own 
proper  name. 

Section  67.  No  company  incorporated,  registered,  or 
licensed  under  any  of  the  acts  of  the  Province  of  British 
Columbia  regulating  or  respecting  joint  stock  companies 
shall  carry  on,  or  attempt,  or  purport  to  carry  on,  the  prac- 
tice of  the  profession  of  dentistry  or  dental  surgery  in  the 
Province  of  British  Columbia,  and  no  member  of  the  College 
shall  assist  or  enter  the  employ  of  any  such  company  to 
carry  on,  or  attempt  to  purport  to  carry  on,  such  practice  in 
anywise  howsoever:  Provided,  That  this  section  shall  not 
come  into  force  until  the  1st  day  of  October,  1908. 

Section  68.  Every  student  shall  present  himself  for  ex- 
amination forthwith  upon  the  determination  of  the  period 
of  service  prescribed  as  a  condition  precedent  to  every  such 
examination,  and  in  the  event  of  any  student  neglecting  or 


BRITISH  COLUMBIA  417 

being  unable  from  any  cause  to  so  present  himself  for  exami- 
nation he  shall  forthwith  make  application  to  the  council  for 
an  extension  of  the  term  of  his  studentship: 

(1)  The  council  may  extend  any  such  term  of  studentship, 
upon  such  conditions  as  the  council  may  think  fit: 

(2)  No  graduate  of  any  Dental  College  shall  be  articled, 
enrolled,  or  engaged  as  a  student  by  any  member  of  the 
College. 

Section  69.  If  any  person  wilfull}^  procure,  or  attempt  to 
procure,  himself  to  be  registered  under  this  act,  by  making 
any  false  or  fraudulent  representation  or  declaration,  either 
verbally  or  in  writing,  he  shall,  on  summary  conviction,  incur 
a  penalty  not  excee'ding  one  hundred  dollars;  and  every 
person  knowingly  aiding  or  assisting  him  therein  shall,  on 
summary  conviction,  incur  a  penalty  of  not  less  than  twenty 
nor  more  than  fifty  dollars,  for  each  offence. 

Section  70.  If  any  person  not  registered  pursuant  to  this 
act,  for  hire,  gain,  or  hope  of  rew^ard,  practise  or  profess  to 
practise  the  profession  of  dentistry  or  dental  surgery  in 
British  Columbia,  he  shall,  upon  summary  conviction,  for 
any  and  every  such  offence,  pay  a  penalty  not  exceeding  one 
hundred  dollars.  If  any  person  not  registered  under  this 
act  contracts  with  any  person  registered  under  this  act  to 
practise  dentistry  or  dental  surgery  for  him  or  in  his  stead, 
both  parties  to  such  contract  shall  be  liable,  upon  summary 
conviction,  to  a  penalty  not  exceeding  one  hundred  dollars 
and  not  less  than  twenty-five  dollars. 

Section  71.  Any  person  who  falsely  and  wilfully  pretends 
to  be  a  practitioner  of  dentistry  or  dental  surgery  in  British 
Columbia  or  assumes  any  title,  addition,  or  description  in 
respect  of  such  profession  other  than  he  actually  possesses 
and  is  legally  entitled  to,  shall  be  liable,  on  summary  con- 
viction, to  a  penalty  not  exceeding  fifty  dollars  nor  less  than 
ten   dollars. 

Section  72.    Any  person  not  registered  pursuant  to  this 

act  who  wilfully  and  falsely  takes  or  uses  any  name,  title, 

addition  or  description  implying  or  calculated  to  lead  people 

to  infer  that  he  is  registered  under  this  act,  or  that  he  is 

27 


418     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

recognized  by  law  as  a  person  qualified  to  practise  the 
profession  of  dentistry  or  dental  surgery  in  British  Columbia, 
shall  be  liable,  upon  summary  conviction,  to  a  penalty  not 
exceeding  one  hundred  dollars  nor  less  than  twenty-five 
dollars. 

Section  73.    Application  of  Fund. 

Section  74.  Prosecutions  to  be  under  "Summary  Con- 
victions Act," 

Section  75.     Prosecutor. 

Section  76.  Every  prosecution  under  this  act  shall  be 
commenced  within  six  months  from  the  date  of  the  alleged 
offence. 

Section  77.  The  council  by  an  order  signed  by  the  presi- 
dent, having  the  seal  of  the  council  appended  thereto,  may 
stay  proceedings  in  any  prosecution  under  this  act,  where  it 
is  deemed  expedient. 

Section  78.    Application  of  Funds  of  College. 

Section  79.  All  rules  and  regulations  respecting  and  regu- 
lating the  practice  of  the  profession  of  dentistry  and  dental 
surgery  in  British  Columbia,  now  existing  and  in  force  under 
and  by  virtue  of  any  act  by  this  act  repealed,  shall,  notwith- 
standing such  repeal,  remain  in  full  force  and  effect  until 
replaced  by  rules  and  regulations  made  by  the  council  under 
this  act. 

Section  80.  Every  member  of  the  College  shall  for  the 
year  1908  pay  to  the  council  the  fee  of  five  dollars,  on  or 
before  the  30th  of  June  1908. 

Section  81.  "The  Dentistry  Act,"  being  chapter  19  of 
the  Revised  Statutes  of  British  Columbia,  1897,  and  the 
"Dentistry  Amendment  Act,  1905,"  are  hereby  repealed. 

MANITOBA 

Revised  Statutes,  1902,  Chap.  47,  p.  798.' 

Section  1.  This  act  may  be  cited  as  "The  Dental  Associ- 
ation Act." 

Section  2.  The  association  heretofore  incorporated  under 
the  name  of  "The  Manitoba  Dental  Association"  is  hereby 


MANITOBA  419 

continued  and  shall  be  deemed  to  be  a  body  corporate  and 
politic,  and  by  the  said  name  shall  have  perpetual  succession 
and   a  common  seal.     .     .     . 

Section  3.  The  following  persons  shall  be  members  of 
and  shall  constitute  the  said  association,  namely: 

(a)  Every  person  who  at  the  time  of  the  coming  into 
force  of  this  act  is  a  duly  qualified  and  registered  member 
of  said  association  under  the  provisions  of  the  "Manitoba 
Dental  Association  x\ct,"  being  Chapter  44  of  the  Revised 
Statutes,  and  acts  amending  the  same,  or  under  any  other 
act  of  the  Legislature  of  Manitoba  relating  to  the  said 
association : 

(b)  Every  person  who  shall  hereafter  be  duly  licensed  and 
registered  under  the  pro  visions, of  this  act. 

Section  4.  There  shall  be  a  board  of  directors  of  said 
association,  which  shall  consist  of  five  members  who  shall 
hold  ofRce  for  three  years.  Any  director  may  at  any  time 
resign  by  letter  directed  to  the  secretary,  and  in  the  event 
of  such  resignation  or  of  a  vacancy  occurring  by  death  or 
otherwise,  the  remaining  members  of  the  board  shall  elect 
some  fit  and  proper  person  from  among  the  members  of  the 
said  association  to  supply  such  vacancy. 

Section  5.    Election  of  board. 

Section  6.    Qualification  of  voters. 

Section  7.  Members  of  present  board  and  offices  con- 
tinued. 

Section  8.    Voting  to  be  by  ballot. 

Section  9;     Publication  of  board. 

Section  10.  The  board  of  directors  at  their  first  meeting 
shall  elect  from  among  themselves  a  president,  a  secretary,  a 
treasurer,  and  a  registrar. 

Section  11.  The  said  board  shall  hold  one  meeting  in  each 
and  every  year  in  the  city  of  Winnipeg  at  such  places  as  may 
from  time  to  time  be  fixed  by  the  board,  for  the  purpose  of 
examining  students,  granting  certificates  of  license  and  doing 
such  other  business  as  may  properly  come  before  them; 
such  meetings  shall  be  held  on  the  second  Tuesday  of 
January  of  each  vear  and  shall  continue  from  da^'  to  dav 


420     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

until  the  business  before  the  board  is  finished ;  but  no  such 
meeting  shall  continue  for  more  than  one  week. 

Section  12.    Majority  of  members  must  be  present. 

Section  13.  The  board  of  directors  shall  from  time  to  time 
make  such  rules,  regulations,  and  by-laws  as  may  be  necessary 
for  the  better  guidance,  government,  discipline,  and  regul^,- 
tion  of  the  said  board  and  of  the  profession  of  dentistry,  and 
for  the  carrying  out  of  this  act. 

Section  14.  The  board  of  directors  of  said  association 
shall  also  have  authority  to  examine  candidates  and  grant 
certificates  of  license  to  practise  dental  surgery  in  this 
province. 

Section  15.  The  said  board  shall  have  power  and  author- 
ity to  appoint  one  or  more  examiners  for  the  matriculation 
or  preliminary  examination  of  all  students  entering  the 
profession,  or  may  accept,  in  lieu  of  such  matriculation  or 
preliminary  examination,  evidence  that  any  student  has 
passed  any  other  satisfactory  examination. 

Section  16.  The  said  board  shall  also  have  the  power  and 
authority  to  fix  and  determine  from  time  to  time  a  curric- 
ulum of  studies  to  be  pursued  by  students,  and  to  fix  and 
determine  the  period  for  which  every  student  shall  be 
articled  and  employed  under  some  duly  licensed  and  regis- 
tered practitioner,  and  the  examination  necessary  to  be 
passed  before  the  board,  and  the  fees  to  be  paid  into  the 
hands  of  the  treasurer  of  the  association  before  the  applicant 
shall  receive  a  certificate  of  license  to  practise  the  profession 
of  dentistry  and  be  entitled  to  registration  under  this  act. 

Section  17.  A  matriculation  or  preliminary  examination 
of  students  desiring  to  enter  the  profession  shall  be  held  once 
in  every  year;  and,  except  as  provided  in  the  fifteenth  section 
of  this  act,  such  examination  shall  be  passed  by  all  students 
prior  to  entering  into  articles  of  indenture  with  a  licentiate 
of  dentistry,  and  the  commencement  of  study  shall  date 
from  the  signing  of  said  articles. 

Section  18.  The  board  of  directors  shall  at  their  annual 
meeting  examine  all  candidates  for  a  license  to  practise 
dentistry  and  for  registration  under  this  act  who  present 


MANITOBA  421 

themselves  pursuant  to  the  provisions  of  the  next  suc- 
ceeding section. 

Section  19.  The  board  of  directors  shall  fix  the  times  for 
two  examinations  in  each  twelve  months  for  the  examination 
of  persons  referred  to  in  subsection  (b)  of  the  twenty-first 
section  of  this  act;  one  of  which  times  shall  be  the  time  for 
the  final  examination  of  students;  and  in  case  any  such 
person  takes  his  examination  at  the  time  other  than  such 
annual  time  for  students,  he  shall,  in  addition  to  any  fees 
otherwise  prescribed  for  certificates  of  license,  pay  a  fee  to 
be  fixed  by  the  board,  nor  exceeding  forty  dollars. 

Section  20.  Every  person  being  desirous  of  being  ex- 
amined by  the  said  board  touching  his  qualifications  for  the 
practice  of  the  said  profession  of  dentistry  shall,  at  least  one 
month  before  the  sitting  of  said  board,  pay  into  the  hands 
of  the  treasurer  the  required  fees,  and  furnish  him  with 
satisfactory  evidence  of  his  term  of  apprenticeship  having 
been  fulfilled,  and  as  to  the  applicant's  integrity  and  good 
morals. 

Section  21.  The  following  persons  upon  payment  of  the 
required  fees,  shall  be  entitled  to  receive  certificates  of 
license  to  practise  dentistry  in  this  Province,  from  the  board 
of  directors  of  said  association,  namely: 

(a)  All  persons  in  the  Province  of  Manitoba  who  were  and 
had  been  in  regular  and  continuous  office  practice  as  dentists 
for  a  period  of  not  less  than  six  months  immediately  preceding 
the  seventh  day  of  July  in  the  year  one  thousand  eight  and 
eighty- three. 

(6)  Any  person  who  is  a  member  of  any  college  of  dentistry 
of  any  of  the  Provinces  of  the  Dominion  of  Canada  ha^'ing 
authority  by  law  to  grant  certificates  of  license  or  diplomas 
to  practise  dentistry,  or  who  is  a  member  of  any  association 
or  school  of  dentistry  having  the  like  powers  in  the  United 
Kingdom  of  Great  Britain  and  Ireland,  and  who,  in  either 
case,  produced  sufficient  evidence  of  such  membership  and 
testimonials  of  good  character  and  conduct,  and  passes  the 
final  examination  prescribed  for  admission  of  students  to 
practise. 


422     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

(c)  Any  person,  other  than  those  possessing  the  qualifica- 
tions hereinbefore  mentioned,  upon  his  satisfying  the  said 
board  of  his  proficiency  and  upon  production  of  satisfactory 
evidence  of  membership  in  a  college  or  school  of  dentistry 
approA'ed  of  by  said  board. 

(d)  Every  person  who  shall  satisfy  the  said  board,  by 
passing  the  examination  provided  by  this  act,  that  he  is  duly 
qualified  to  practise  the  profession  of  dentistry  and  that  he 
is  a  person  of  integrity  and  good  moral  character. 

Section  22.  If  the  board  is  satisfied,  by  the  examination 
provided  for  in  the  eighteenth  or  nineteenth  section  of  this 
act,  that  the  person  is  duly  qualified  to  practise  the  profession 
of  dentistry,  or  that  he  possesses  any  other  of  the  foregoing 
qualifications,  and  is  further  satisfied  that  the  applicant  is  a 
person  of  integrity  and  good  moral  character,  it  shall  grant 
him  a  certificate  of  license,  subject  to  the  rules,  regulations 
and  by-laws  promulgated  under  the  authority  of  this  act, 
and  the  title  of  "Licentiate  of  Dental  Surgery,"  which 
certificate  and  title  shall  entitle  him  to  all  the  rights  and 
privileges  of  this  act,  subject,  however,  to  the  provisions  of 
this  act  respecting  registration. 

Section  23.  Every  certificate  of  license  shall  be  sealed 
with  the  corporate  seal  of  the  association,  and  signed  by  the 
president,  secretary,  and  registrar  of  said  association;  and 
the  production  of  such  certificate  of  license  shall  be  prima 
facie  evidence  in  all  courts  of  law,  and  in  all  proceedings  of 
whatever  kind,  of  its  execution  and  contents. 

Section  24.  No  diploma  or  certificate  of  license  shall  be 
granted  to  any  person  under  the  age  of  twenty-one  years. 

Section  25.  Every  person  holding  a  valid  and  unforfeited 
certificate  of  license  to  practise  dentistry  under  the  provisions 
of  this  act,  and  who  on  or  before  the  second  Tuesday  of 
January  in  each  year  shall  have  paid  to  the  registrar  ap- 
pointed by  said  board  a  registration  fee  of  two  dollars,  or  who, 
having  during  the  then  current  year  obtained  a  certificate 
of  license  from  said  association  to  practise  the  profession  of 
dentistry,  forthwith  pays  to  the  said  registrar  a  registration 
fee  of  two  dollars,  shall,  subject  to  the  other  provisions  of 


MANITOBA  423 

this  act,  be  entitled  to  have  his  name  entered  in  the  register 
referred  to  in  the  next  succeeding  section  of  this  act,  and  a 
copy  of  such  register,  certified  by  the  said  registrar,  shall  be 
evidence  in  any  court  of  justice  in  Manitoba  that  the  persons 
therein  named  are  the  members  of  the  said  association  for 
the  said  year. 

Section  26.  It  shall  be  the  duty  of  the  registrar,  as  early 
as  possible  in  each  year,  to  make  a  correct  register,  in  the 
form  in  Schedule  A  to  this  act,  of  the  names  and  addresses  of 
all  persons  who  may  be  entitled  to  registration  under  this 
act  as  members  of  the  said  association  for  the  then  current  year. 

Section  27.  No  person  shall' be  entitled  to  have  his  name 
on  the  said  register,  unless  the  registrar  is  satisfied  by  proper 
evidence  that  such  person  is  entitled  to  be  registered,  and 
any  appeal  from  a  decision  of  the  registrar  shall  be  decided 
by  the  board  of  directors  of  said  association. 

Section  28.  If  it  shall  at  any  time  be  proved  to  the  satis- 
faction of  the  said  board  that  the  name  of  any  person  has 
been  improperly  inserted  in  the  register  for  the  year,  such 
name  may  be  erased  therefrom  by  order  of  said  board. 

Section  29.  Upon  any  person  being  registered  under  this 
act,  he  shall  be  entitled  to  receive  a  certificate  under  the 
corporate  seal  of  said  association  and  signed  by  the  registrar, 
in  the  form  in  Schedule  B  to  this  act  or  to  the  like  effect. 

Section  30.  List  of  licentiates  to  be  sent  to  Provincial 
Secretary. 

Section  31.  All  persons  registered  under  this  act,  and  no 
others,  shall  be  entitled  to  practise  the  profession  of  dentistry 
in  the  Province  of  Manitoba,  and  no  person  shall  be  entitled 
to  any  of  the  privileges  of  a  licentiate  or  member  of  the  said 
association,  or  to  practise  the  profession  of  dentistry,  who 
is  in  default  in  respect  of  any  fees  payable  by  him  by  virtue 
of  this  act. 

Section  32.  No  person  shall  be  entitled  to  recover  in  any 
court  of  law  for  any  professional  services  rendered  or  mate- 
rials provided  by  him  in  the  exercise  of  the  profession  of  a 
dentist,  unless  he  be  a  duly  and  legally  qualified  licentiate  of 
dentistry  and  duly  registered  under  the  provisions  of  this  act. 


424     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  33.  If  any  person,  not  holding  a  valid  certificate 
of  license  as  aforesaid  or  not  duly  registered,  shall  practise, 
within  this  Province,  the  said  profession  of  dentistry,  either 
publicly  or  privately,  for  hire,  gain,  or  hope  of  reward,  or 
shall  voluntarily  and  falsely  pretend  to  be  a  duly  qualified 
licentiate  of  dentistry,  or  assume  any  title,  addition,  or 
description  other  than  he  actually  possesses  and  is  legally 
entitled  to,  or  use  any  name,  title,  addition,  or  description 
implying  or  calculated  to  lead  people  to  infer  or  believe  him 
to  be  a  duly  qualified  licentiate  of  dentistry,  he  shall  be 
liable,  upon  conviction  in  a  summary  manner  before  any 
justice  of  the  peace  having  jurisdiction  where  the  offence  is 
committed,  to  a  penalty  not  exceeding  two  hundred  dollars 
and  not  less  than  fifty  dollars  for  the  first  ofi^ence,  and  for 
each  and  every  subsequent  offence,  to  a  penalty  of  four 
hundred  dollars. 

Section  34.  In  case  a  charge  is  made  against  any  licen- 
tiate of  unprofessional  conduct,  or  other  misconduct  pro- 
vided for  by  the  by-laws  passed  or  to  be  passed  under  the 
provisions  of  any  of  said  former  acts  or  this  act,  the  board  of 
directors  shall  have  power  to  hear  and  determine  the  same, 
and  for  this  purpose  to  summon  witnesses  before  them  and 
administer  an  oath  or  affirmation  to  such  witnesses;  and  if 
any  licentiate  shall  be  found  guilty  of  the  charge  preferred 
against  him,  he  shall  forfeit  his  certificate  and  title  and  the 
same  shall  be  cancelled;  such  forfeiture,  however,  may  be 
annulled,  and  the  said  license  and  all  rights  and  privileges 
thereunder  fully  renewed  and  restored  by  said  board,  in  such 
manner  and  upon  such  conditions  and  terms  as  the  said 
board  shall  think  fit: 

Provided,  however,  That  nothing  in  this  act  contained  shall 
empower  the  said  board  to  deal  with  any  criminal  or  other 
offence  provided  for  by  law. 

Section  35.  Any  licentiate  who  shall  be  convicted  of  any 
malpractice  shall  forfeit  his  license,  and  the  same  shall  be 
cancelled;  but  the  board  shall  have  power  to  restore  the 
same  if  it  shall  think  fit  and  proper,  notice  of  such  restoration 
to  be  given  for  two  weeks  in  some  local  newspaper  to  be 
determined  upon  by  the  board. 


MANITOBA  .   425. 

Section  36.  All  prosecutions  under  the  provisions  hereof 
may  be  brought  and  heard  before  any  justice  of  the  peace 
having  jurisdiction  where  the  offence  is  committed;  and  such 
justice  of  the  peace  shall  have  power,  in  addition  to  the 
aforesaid  penalty,  to  award  payment  of  costs;  and  in  case 
such  penalty  and  costs  be  not  paid  forthwith  after  convic- 
tion, he  shall  have  power  to  issue  a  warrant  of  distress 
therefor  against  the  goods  and  chattels  of  the  party  so  con- 
victed, and,  in  default  of  distress,  to  order  imprisonment  for 
any  period  not  exceeding  six  months. 

Section  37.  Any  penalties  imposed  by  this  act  may  be 
also  proceeded  for  and  recovered  by  suit  in  any  court  of  law 
having  jurisdiction,  and  one-half  of  all  penalties  recovered 
shall  go  to  the  prosecutor  and  the  remainder  shall  be  paid  to 
the  treasurer  of  the  said  association  and  form  part  of  the 
funds  of  the  association.  Any  person  may  be  complainant 
or  prosecutor: 

Provided,  always,  That  every  such  prosecution  shall  be 
commenced  within  six  months  of  the  alleged  offence. 

Section  38.  In  any  such  prosecution  and  trial,  the  onus 
of  proof  as  to  being  a  legally  qualified  licentiate  of  dentistry 
and  a  duly  registered  member  of  said  association  is  upon  the 
person  charged. 

Section  39.  Nothing  in  this  act  contained  shall  interfere 
with  the  privileges  conferred  upon  physicians  and  surgeons 
by  the  various  acts  relating  to  the  practice  of  medicine  and 
surgery  in  this  Province:  but  in  case  a  regular  physician  or 
surgeon  shall  desire  to  practise  dentistry  as  a  profession  and 
to  publicly  avow  himself  as  a  practitioner  of  said  profession 
of  dentistry,  he  shall  first  obtain  a  license  from  said  board 
of  directors,  by  paying  the  necessary  fees  and  passing  an 
examination  in  operative  and  mechanical  dentistry  only. 

Section  40.  Nothing  in  this  act  shall  prevent  any  duly 
indentured  and  registered  student  of  dentistry  from  receiv- 
ing clinical  instruction  and  practice  under  the  personal 
supervision  of  a  member  of  the  said  association. 

Section  41 .  All  moneys  forming  part  of  the  funds  of  the 
said  association  shall  be  paid  to  the  treasurer,  and  shall  be 
applied  to  carry  on  the  objects  of  this  act. 


426     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  42.  All  fees  that  are  now  payable  under  the  pro- 
visions of  this  act  and  the  acts  referred  to  in  the  third  section 
of  this  act  and  the  by-laws  of  the  said  association  shall  con- 
tinue to  be  payable,  until  duly  changed  by  the  by-laws  of  the 
association  pursuant  to  the  provisions  of  this  act. 

Section  43.  All  rules,  regulations,  and  by-laws  in  force 
at  the  passing  of  this  act  shall  be  the  rules,  regulations,  and 
by-laws  of  the  said  association,  until  amended,  altered,  or 
repealed  under  this  act. 

SCHEDULES 
The  following  are  the  schedules  referred  to  in  this  act : 
Schedule  A  (Section  26) 


Name. 

Residence. 

Qualifications. 

A.  B. 

Winnepeg 

Certificate  of  license,  15th 
March,  1885. 

CD. 

Portage  la  Prairie. 

Six  months'  practice  prior 
to  7th  July,  1883. 

E.  F. 

Brandon. 

Member  of  (stating  name 
of  college  or  school,  and 
where  situated.) 

Schedule  B  (Section  29) 
Certificate  of  Registration. 

I  hereby  certify  that  A.  B.,  being  the  holder  of  a  certificate 

of  license  to  practise  the  profession  of  dentistry  from  the 

Manitoba  Dental  Association,  was,  on  the day  of 

,19     ,  duly  registered  as  a  member  of  The  Manitoba 

Dental  Association,  and  is  authorized  to  practise  his  said 

profession  up  to  the  31st  day  of  December,  19     ,  subject  to 

the  provisions  of  "The  Dental  Association  Act." 

(Signed)  E.  F. 

Registrar  of  The  Manitoba  Dental  Association. 

Corporate  Seal 

of  the 

Association. 


NEW  BRUNSWICK  427 


NEW  BRUNSWICK 

Consolidated  Statutes,  1903,  Chap.  75,  p.  729. 

This  act  may  be  cited  as  "The  New  Brunswick  Dental 
Act." 

Section  2.  The  New  Brunswick  Dental  Society  incorpor- 
ated by  the  Act  of  Assembly,  53  Vict.  Chap.  22,  is  hereby 
continued  and  all  persons  who  aje  duly  qualified  and  regis- 
tered at  the  coming  into  force  of  this  chapter,  and  all  persons 
who  are  qualified  to  register  under  section  25  of  this  chapter, 
and  who  do  register  after  this  chapter  comes  into  force,  shall 
constitute  the  said  society. 

Section  3.    Officers. 

Section  4.  There  shall  be  a  dental  council,  composed 
of  seven  registered  dentists,  or  dental  surgeons,  three  of 
whom  shall  be  nominated  and  appointed  by  the  Lieutenant- 
Governor-in-Council  and  four  by  the  society,  of  which 
council  any  five  shall  constitute  a  quorum  for  the  purpose 
of  carr;^dng  out  the  provisions  of  this  chapter. 

Section  5.    Title  of  council. 

Section  6.  (1)  No  dentist  or  dental  surgeon  shall  be 
appointed  a  member  of  the  council  unless  he  is  before  and 
at  the  time  of  his  appointment  duly  registered  under  this 
Chapter. 

(2)  If  any  member  of  the  society  shall  use  unprofessional 
means  to  acquire,  extend,  or  retain  practice  as  a  dentist  or 
dental  surgeon,  or  be  guilty  of  any  other  unprofessional 
conduct,  he  may  be  convicted  thereof,  if  he  be  a  member  or 
officer  of  the  council,  by  a  majority  of  the  members  of  the 
council,  at  any  meeting  duly  called  for  the  purpose,  or  if  he 
be  an  officer  of  the  society,  bj'  a  majority  of  the  members  of 
the  society  present  at  any  regular  meeting  thereof;  provided 
that  no  person  shall  be  so  convicted,  unless  reasonable  notice 
shall  have  been  given  him  of  the  charge,  and  the  time  and 
place  of  hearing  and  after  he  shall  have  been  allowed  full 
opportunity  to  be  heard  in  bis  defence.  If  any  person  be 
convicted  hereunder,  he  shall  thereupon  forfeit  any  office  he 


428     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

may  then  hold  in  the  council  or  society,  and  if  he  is  a  member 
of  the  council,  he  shall  thereupon  cease  to  continue  in  such 
membership;  and  no  person  so  convicted  shall  within  three 
years  after  such  conviction,  be  eligible  to  be  elected,  or 
appointed  to  any  office  in  the  council  or  society,  or  to  become 
a  member  of  the  council. 

(3)  The  society  shall  by  by-law  declare  what  conduct 
shall  be  deemed  unprofessional.  Such  by-law,  before  it  goes 
into  operation,  shall  be  first  approved  by  the  Lieutenant- 
Governor-in-Council. 

Sections  7  to  10.  Members  of  council,  vacancies,  meet- 
ings, etc. 

Section  11.  No  dentist  or  dental  surgeon  having  more 
than  one  office  or  place  of  business,  shall  employ  any  assistant 
to  take  charge  of  or  assist  him  in  such  additional  office  or 
place  of  business  unless  such  assistant  is  registered  under 
this  chapter. 

Section  12.  The  name  of  any  dentist  or  dental  surgeon 
who  shall  fail  to  comply  with  the  provisions  of  the  last 
preceding  section  may,  at  the  discretion  of  the  council,  be 
removed  from  the  dental  register  for  a  period  not  to  exceed 
thirty  days,  or  as  an  alternative  penalty,  such  dentist  or 
dental  surgeon  may,  in  the  discretion  of  the  council,  be 
ordered  to  pay  a  fine  not  exceeding  the  sum  of  twenty  dollars 
for  every  such  failure  to  compl}^  with  the  terms  of  the  said 
section. 

Section  13.  In  the  event  of  the  omission  of  any  dentist  or 
dental  surgeon  to  pay  the  fine  by  such  council  imposed  under 
the  last  preceding  section,  or  in  the  event  of  a  second  failure 
to  comply  with  the  provisions  of  section  11,  the  two  penalties 
by  section  12  provided,  may  be  together  imposed  as  cumula- 
tive penalties.  In  the  event  of  a  third  or  subsequent  failure 
to  comply  with  the  provisions  of  the  said  section  11,  the  name 
of  such  offender,  may,  in  the  discretion  of  the  council,  be 
permanently  stricken  from  the  dental  register:  Provided, 
however,  That  where  any  dentist  or  dental  surgeon  shall  feel 
himself  aggrieved,  by  reason  of  his  name  having  been  tem- 
porarily or  permanently  stricken  from  the  register,  as  herein 


NEW  BRUNSWICK  429 

provided,  or  by  reason  of  the  imposition  of  a  fine,  as  provided 
for  in  section  12,  or  both,  it  shall  be  open  to  such  dentist  or 
dental  surgeon  to  appeal  from  the  decision  of  the  said  council, 
to  the  Lieutenant-Governor-in-Council. 

Section  14.  The  books  and  accounts  of  the  council  shall 
at  all  times  be  open  to  the  examination  of  such  persons  as  the 
Lieutenant-Governor-in-Council  or  the  society  shall  appoint 
to  inspect  the  same,  and  also  of  all  the  members  of  the 
council. 

Section  15.  The  council  shall  have  power  and  it  shall  be 
their  duty — 

(1)  To  elect  a  secretary  from  among  the  members  of  the 
society  to  act  as  secretary  to  the  council,  who  shall  among 
other  things  attend  the  meetings  of  the  council,  and  keep  a 
record  of  the  proceedings  of  the  same  in  a  book  or  books  to 
be  provided  by  him  for  that  purpose. 

(2)  To  elect  a  president,  treasurer,  and  such  other  officers 
as  may  be  necessary. 

(3)  To  cause  every  member  of  the  profession  practising  in 
New  Brunswick  to  register  his  name,  place  of  residence,  the 
date  of  his  diploma,  if  he  has  one,  and  the  place  where  he 
obtained  it,  in  the  dental  register  hereinafter  provided  for. 

(4)  To  make  all  such  orders,  rules,  regulations,  and  by- 
laws for  carrying  this  chapter  into  effect  as  to  the  council 
shall  seem  proper  or  necessary,  which  orders,  rules,  regula- 
tions and  by-laws  shall  not  be  inconsistent  with  this  chapter, 
or  with  any  bj^-laws  made  b}^  the  society,  and  may  be  dis- 
allowed by  the  Lieutenant-Governor-in-Council,  or  may  be 
amended  or  repealed  by  the  society. 

Section  16  and  17.  Adoption  by  society  of  by-laws; 
Meetings. 

Section  18.  (As  amended  by  Chap.  LXV  of  Statutes  of 
1907.)  All  persons  who  shall  hereafter  enter  upon  the  study 
of  dentistry  with  a  view  of  being  registered  under  this  chap- 
ter, are  required,  subject  to  the  exception  in  favor  of  gradu- 
ates and  matriculants  in  arts  of  any  college  or  university  in 
good  standing,  to  pass  a  preliminary  examination  before  the 
board  of  examiners  mentioned  in  section  20  of  this  chapter; 
such  examination  to  be  equivalent  as  near  as  may  be  to  the 


430     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

matriculation  examination  of  the  University  of  New  Bruns- 
wick: Provided,  That  graduates  in  arts  or  matriculants  in 
arts  in  any  college  or  university  in  good  standing  shall  not 
be  required  to  pass  the  preliminary  examinations. 

Section  19.  No  person  shall  be  received  as  a  candidate 
for  the  preliminary  examinations  unless  he  shall,  at  least 
thirty  days  prior  to  the  time  of  such  examination,  forward  to 
the  registrar  a  written  notice  of  his  intention  to  present 
himself  for  such  examination,  and  shall  before  such  examina- 
tion, satisfy  the  registrar  that  he  is  of  the  full  age  of  sixteen 
years,  and  pay  to  the  registrar  a  fee  of  five  dollars. 

Section  20.  The  board  of  examiners  shall  consist  of  three 
persons,  appointed  by  the  council  at  each  annual  meeting  of 
the  council.  Two  of  the  examiners  shall  be  members  of  the 
society.  The  examiners  shall  hold  office  for  one  year,  or 
until  the  annual  meeting  of  the  council  next  after  their 
appointment,  but  shall  be  eligible  for  re-election. 

Section  21.  (As  amended  by  Chap.  LXV  of  Statutes  of 
1907.)  The  board  of  examiners  will  meet,  at  least  once  every 
year  on  the  last  Tuesday  in  June,  in  the  city  of  Saint  John, 
at  a  time  and  place  appointed  by  the  council,  for  the  purpose 
of  holding  examinations  under  this  Chapter,  and  in  case  there 
are  applications  for  examinations,  they  shall  also  meet  as 
aforesaid,  on  the  last  Tuesday  of  September  in  each  year  for 
the  purpose  of  holding  such  examinations. 

Section  22.  Any  applicant  for  examination  who  is  dis- 
satisfied with  the  decision  of  the  board  of  examiners,  shall 
have  the  right  to  appeal  to  the  Lieutenant-Governor-in- 
Council,  who,  upon  due  cause  shown,  shall  order  the  board  of 
examiners  to  hold  another  examination. 

Section  23.  Should  any  candidate  for  the  preliminary 
examination  fail  to  pass  his  examination,  two  dollars  of  his 
fee  shall  be  retained  as  examiner's  fee;  and  should  any  candi- 
date for  the  final  examination  fail  to  qualify  for  registry,  five 
dollars  of  his  fee  shall  be  retained  as  examiner's  fee. 

Section  24.  Every  person  who  shall  have  fulfilled  the  re- 
quirements for  entry  as  such,  shall  be  entered  by  the  registrar 
as  a  student  in  dentistry,  and  the  registrar  shall  make  a 
memorandum  of  the  date  of  such  entry  as  student. 


NEW  BRUNSWICK  431 

Section  25.    (Repealed  1907,  Chap.  65,  p.  227,  section  6.) 

Section  26.  (As  amended  1907,  Chap.  65,  p.  227,  section 
5.)  If  any  apphcant  for  registration  or  any  registered  dentist 
or  dental  surgeon  is  dissatisfied  with  the  decision  of  the 
registrar,  the  question  shall  be  referred  to  the  council  for  its 
decision,  and  the  applicant,  or  any  member  of  the  society 
objecting  to  the  decision  of  the  council,  may  appeal  to  the 
Lieutenant-Governor-in-Council,  who  may  affirm,  alter  in 
any  way  or  reverse  the  decision  of  the  council  and  the  council 
shall  forthwith  give  effect  to  such  decision  on  appeal. 

Section  27.  Each  registered  dentist  or  dental  surgeon 
shall  pay  to  the  treasurer  or  any  person  deputed  by  the 
treasurer  to  receive  it,  such  annual  fee  as  may  be  determined 
by  by-law  of  the  council,  not  less  than  one  dollar  nor  more 
than  three  dollars. 

Section  28.  If  any  registered  dentist  or  dental  surgeon  do 
not  pay  the  annual  fee  required  by  the  council  under  section 
27  prior  to  the  first  day  of  January  in  each  year,  he  shall 
thereupon  cease  to  be  deemed  registered ;  and  if  any  such  fee 
remains  due  from  any  dentist  or  dental  surgeon  on  the  first 
day  of  January  in  any  year,  the  name  of  such  person  shall 
not  be  printed  or  published  in  the  Royal  Gazette  in  such 
year,  as  provided  in  section  32,  but  any  such  practitioner  upon 
the  payment  of  all  arrears  of  such  fees,  shall  thereupon  be 
registered  and  be  deemed  registered  from  the  time  of  such 
payment. 

Sections  29  to  32.    Registrar,  duties,  register,  etc. 

Section  33.  Every  person  registered  under  this  chapter, 
who  may  have  obtained  any  higher  degree  or  qualification 
other  than  the  qualification  in  respect  of  which  he  may  have 
been  registered,  shall  be  entitled  to  have  such  higher  degree 
or  additional  qualification  inserted  in  the  register  in  substi- 
tution for  or  in  addition  to  the  qualification  previously 
registered  on  the  payment  of  such  fee  as  the  council  may 
demand. 

Section  34.    Evidence  of  title  to  use  degree. 

Section  35.  If  in  an}^  case  it  shall  be  proved  to  the  satis- 
faction of  the  council  on  application  by  a  registered  dentist 
or  dental  surgeon  that  any  entry  in  the  register  was  fraudu- 


432     ST  A  TUTES  REGULATING  PRACTICE  OF  DENTISTRY 

lently  or  incorrectly  made,  the  council  may  order  the  entry 
to  be  erased  or  amended,  as  the  case  may  be,  and  if  it  shall 
be  proved  to  their  satisfaction  that  any  person  has  fraudu- 
lently registered  or  attempted  to  register,  the  name  of  such 
person  may  at  the  discretion  of  the  council  be  published  in 
the  Royal  Gazette. 

Section  36.  Any  registered  dentist  or  dental  surgeon  who 
shall  have  been  convicted  in  any  court  of  any  crime  punish- 
able by  imprisonment  in  a  penitentiary,  although  a  less 
penalty  than  such  imprisonment  be  imposed  by  the  court, 
or  shall  after  due  inquiry  be  adjudged  by  the  council  to  have 
been  guilty  of  infamous  conduct  in  any  professional  respect, 
shall  thereby,  subject  to  an  appeal  to  the  Lieutenant- 
Governor-in-Council,  forfeit  his  right  to  registration  and 
by  direction  of  the  council  his  name  shall  be  erased  from 
the  register. 

Section  37.  Subject  to  the  exceptions  hereinafter  named, 
no  person  not  registered  under  this  Chapter  shall  practise 
dentistry  or  dental  surgery  in  this  Province,  be  entitled  to 
any  of  the  rights  or  privileges  conferred  by  this  chapter. 

Section  38.  Every  person  who  shall  be  registered  under 
this  chapter  shall  be  entitled  to  practise  dentistry  or  dental 
surgery  in  this  province,  and  to  demand  and  recover  in  any 
court  of  law  of  competent  jurisdiction,  reasonable  and  cus- 
tomary charges  for  professional  services,  and  the  cost  of  any 
medicine  supplied  by  him  as  dentist  or  dental  surgeon  to  his 
patients. 

Section  39.  No  person  shall 'be  entitled  to  recover  any 
charges  in  any  court  of  law  for  services  as  dentist  or  dental 
surgeon,  or  for  any  medicine  which  he  shall  as  such  dentist 
or  dental  surgeon  have  both  prescribed  and  supplied,  unless 
he  shall  prove  upon  the  trial  that  at  the  time  the  services 
were  performed  or  the  medicine  prescribed  and  supplied  he 
was  registered  under  this  chapter. 

Section  40.    Construction  of  words  used  in  act. 

Section  41.  No  person  shall  be  appointed  as  dental  officer 
or  dental  surgeon  in  any  branch  of  public  service  or  in  any 
hospital  or  other  charitable  institution,  unless  he  be  regis- 
tered under  this  chapter. 


NEW  BRUNSWICK  433 

Section  42.  No  certificate  required  by  any  act  from  any 
dentist  or  dental  surgeon  shall  be  valid  unless  the  person 
signing  the  same  shall  be  registered  under  this  chapter. 

Section  43.  If  any  person  not  registered  under  this 
chapter  practises  dentistry  or  dental  surgery  in  any  form 
for  hire,  gain,  or  hope  of  reward,  he  shall  thereby  forfeit 
a  sum  of  twenty  dollars  for  each  day  upon  w^hich  he  so 
practises. 

Section  44.  Any  person  who  attempts  to  evade  the  law 
by  causing  his  services  as  a  dentist  or  dental  surgeon  to 
be  indirectly  paid  for  in  any  manner,  whether  by  the  sale 
of  drugs  or  medicines  or  otherwise,  shall  forfeit  the  sum  of 
twenty  dollars  for  each  offence. 

Section  45.  If  the  registrar  make  or  cause  to  be  made  any 
wilful  falsification  in  any  matter  relating  to  the  register,  he 
shall  forfeit  the  sum  of  one  hundred  dollars. 

Section  46.  If  any  person  shall  wilfully  procure  or  at- 
tempt to  procure  himself  to  be  registered  under  this  chapter 
by  making  or  producing  or  causing  to  be  made  or  produced, 
any  false  or  fraudulent  declaration  or  representation,  either 
verbally  or  in  writing,  every  such  person  so  doing,  and  every 
person  knowingly  aiding  or  assisting  him  therein,  shall 
forfeit  the  sum  of  one  hundred  dollars. 

Section  47.  Any  person  who  shall  wilfully  and  falsely 
pretend  to  be  registered  under  this  chapter,  or  take  or  use 
any  name,  title,  addition,  or  description  implying  that  he  is 
so  registered,  shall  forfeit  the  sum  of  one  hundred  dollars. 

Section  48.  Nothing  in  this  chapter  shall  prevent  any 
person  from  giving  necessary  aid  as  dentist  or  dental  surgeon 
to  anyone  in  urgent  need  of  it,  provided  that  such  aid  is  not 
given  for  hire,  gain,  or  hope  of  reward,  nor  the  giving  of  it 
made  a  business,  or  way  of  gaining  a  livelihood,  either 
directly  or  indirectly  by  such  person. 

Section  49.  This  chapter  shall  not  apply  to,  or  be 
construed  to  extend  to,  any  duly  qualified  medical  practi- 
tioner extracting  teeth,  nor,  subject  to  Section  11,  to  any  paid 
assistant  not  registered  under  this  chapter,  emploj'ed  by  any 
registered  dentist  or  dental  surgeon  in  his  office;  but  this 
28 


434     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

section  shall  not  be  construed  to  permit  any  such  assistant 
to  act  as  dentist  or  dental  surgeon  outside  of  the  office  of  his 
employer. 

Section  50.    Proceedings  for  recovery  of  penalties. 

Section  51.    By  whom  information  to  be  laid. 

Section  52.  Upon  the  trial  of  any  information  for  the 
recovery  of  any  penalty  or  forfeiture  under  Section  43  or 
Section  44  of  this  chapter,  the  burden  of  proof  as  to  the  right 
of  defendant  to  practise  dentistry  or  dental  surgery  in  this 
Province  shall  be  upon  the  defendant. 

Section  53.  No  prosecution  for  any  penalty  or  forfeiture 
under  this  chapter  shall  be  commenced  after  six  months 
from  the  date  of  the  offence. 

Section  54.  Whenever  an  inquiry  shall  be  ordered  under 
the  provisions  of  Section  36  of  this  chapter,  a  time  and  place 
for  holding  the  inquiry  shall  be  fixed  by  the  council,  and 
notice  of  such  time  and  place  shall  be  given  to  the  party 
against  whom  the  inquiry  is  ordered,  at  least  fourteen  days 
before  the  time  so  fixed.  The  inquiry  may  be  adjourned  from 
time  to  time  to  such  place  as  may  be  designated. 

Section  55.    Power  to  administer' oaths  at  inquiry. 

Section  56.    Funds. 

Section  57.  No  dentist  or  dental  surgeon  shall  administer 
chloroform  or  ether  in  the  practice  of  dentistry  unless  by  the 
consent  and  in  the  presence  and  under  the  direction  of  a  duly 
registered  physician. 


Schedule  A  (Section  30) 


College  which  granted      Date 

degree  and  date          of  reg- 

Name. 

Residence.      Qualification.               of  degree.               gistry. 

A.B. 

Fredericton      D.D.S.          Boston  Dental     Sept.  20, 

School,  June        1890. 

1,  1890. 

CD. 

St.  John.     Residence  and             ....              Oct.  1, 

Practice.                                          1890. 

NEW  BRUNSWICK  435 


Section  4.  (Act  of  1907,  Chapter  65,  p.  227.) 
No  person  shall  be  entitled  to  be  registered  as  provided  for 
by  The  New  Brunswick  Dental  Act,  and  acts  in  amendment 
thereof,  unless  he  shall,  at  or  before  making  application,  or 
when  an  examination  is  necessary  before  such  examination, 
pay  to  the  registrar  the  sum  of  twenty  dollars,  and  shall 
satisfy  the  registrar: 

(1)  That  he  is  of  the  full  age  of  twenty-one  years. 

(2)  That  he  has  given  three  months'  notice  in  writing  of 
his  intention  to  make  application  for  registry. 

(3)  That  he  has  resided  continuously  within  the  Province 
during  such  period  of  three  months  (but  the  attendance 
of  a  resident  of  this  Province  who  is  pursuing  his  study  of 
dentistry  abroad  at  any  dental  college  or  school  of  good 
standing  approved  of  by  the  National  Association  of  Dental 
Faculties  and  requiring  for  graduation  an  attendance  of  at 
least  three  school  years  of  nine  months  each,  or  four  school 
years  of  seven  months  each,  shall  not  for  the  purposes  of 
this  section  be  deemed  a  resident  out  of  the  Province.) 

(4)  Either: 

(a)  That  he  has  fulfilled  all  requirements  for  graduation 
in  some  such  dental  college  or  school  as  aforesaid,  and  re- 
ceived a  degree  therefrom,  and  has  passed  an  examination 
before  said  board  of  examiners  in  subjects  prescribed  by  the 
council  of  the  said  New  Brunswick  Dental  Society;  or 

(6.)  That  he  was  practising  dentistry  in  this  Province  prior 
to  the  twenty-third  day  of  April,  a.d.  1890,  and  has  since 
that  time  (except  while  he  may  have  been  attending  such 
dental  college  or  school  as  aforesaid)  continued  regularly  to 
practise  as  a  dentist  or  dental  surgeon  in  this  Province;  or 

(c)  That  he  has  been  registered  or  admitted  or  licensed  to 
practise  as  a  dentist  or  dental  surgeon  in  any  other  Province 
of  Canada,  in  which  the  standard  for  admission  is  equal  to 
that  required  for  admission  in  this  Province,  and  in  which 
persons  registered  under  this  act,  are  by  the  laws  of  that 
Province  permitted  to  be  registered  or  admitted  or  licensed 
to  practise   there:    Provided,   That   a   certificate  from  the 


436     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Dominion  Dental  Council  shall,  if  the  said  council  of  the 
New  Brunswick  Dental  Society  think  proper  to  receive  the 
same,  be  evidence  of  such  registration,  license,  or  admission 
in  such  other  Province  and  of  the  equality  of  such  standard. 

NEWFOUNDLAND 

Dental  Act  of  1906,  Statutes  Chap.  7,  p.  54. 

Section  1 .  This  act  may  be  cited  as  "  The  Newfoundland 
Dental  Act." 

Section  2.  There  shall  be  a  dental  board  consisting  of 
three  practising  dentists  and  four  medical  practitioners,  who 
shall  be  appointed  by  the  Governor-in-Council  for  the 
purpose  of  carrying  out  the  provisions  of  this  act,  of  which 
board  any  four  shall  constitute  a  quorum. 

Section  3.  The  dental  board  shall  be  styled  and  named 
"The,  Dental  Board  of  Newfoundland,"  hereinafter  called 
"The  Board." 

Section  4.    Term  of  membership  of  the  board. 

Section  5.    Officers  of  the  board. 

Section  6.  The  board  shall  have  power  to  make  rules  not 
inconsistent  with  this  act  respecting — 

(a)  The  holding  of  meetings,  and  the  place  and  time  of, 
and  the  order  of  such  meetings. 

(6)  The  conduct  of  examinations  and  the  granting  of 
certificates. 

(c)  The  registration  of  members. 

{d)  The  fees  payable  for  registration,  certificates,  licenses, 
and  examinations  under  this  act,  and  fixing  the  amount  of 
such  fees. 

(e)  The  inquiry  by  the  board  into  complaints  against 
persons  charged  with  an  offence  under  section  12  of  this 
act  and  the  mode  of  procedure  thereon. 

(/)  The  regulating  and  prescribing  the  nature  of  the  duties 
and  services  to  be  performed  or  undertaken  by  paid  assistants 
not  registered  under  this  act  employed  by  any  registered 
dentist  or  dental  surgeon  in  his  office.  (Amended  1910,  by 
adding  this  subsection.) 


NEWFOUNDLAND  437 

Section  7.    Powers  of  the  board. 

Section  8.     Registrar. 

Section  9.  The  registrar  shall  make  and  keep  a  correct 
register  in  the  form  set  forth  in  schedule  "A"  to  this  act,  of 
the  names  of  the  persons  registered  under  the  provisions  of 
this  act  with  the  other  particulars  required  by  said  schedule, 
which  register  shall  be  called  the  "Dental  Register,"  herein 
called  the  "Register."  "^ 

Section  10.  Every  person  shall  be  entitled  to  have  his 
name  registered  on  the  register  upon  passing  before  the 
members  of  the  board  or  such  other  examiners  as  may  be 
appointed  by  the  board  for  that  purpose,  a  satisfactory 
examination  touching  his  fitness  and  capacity  to  practise 
as  a  dentist  or  a  dental  surgeon  or  upon  satisfying  the 
board. 

(a)  That  he  has  fulfilled  all  the  requirements  for  gradua- 
tion, and  graduated  in  any  college  or  dental  school  recognized 
by  the  board;  or 

(6)  That  he  was  registered  under  the  provisions  of  "The 
Dental  Act,  1893,"  and  was  practising  dentistry  in  the  Colony 
before  the  first  day  of  January,  A.  D.  1906,  and  has  since 
that  time  continued  regularly  in  practise  as  a  dentist  or 
dental  surgeon:  Provided,  however,  That  temporary  absence 
from  practice  in  this  Colony  since  that  date  shall  not  prevent 
his  being  registered  within  thirty  days  after  the  passing  of 
this  act. 

Section  11.  If  any  applicant  for  registration  or  any  regis- 
tered dentist  is  dissatisfied  with  the  decision  of  the  board  he 
may  appeal  to  the  Governor-in-Council,  who  is  hereb}^  em- 
powered to  affirm,  alter  in  any  way,  or  reverse  the  decision 
of  the  board,  and  the  board  shall  forthwith  give  effect  to 
such  decision  or  appeal. 

Section  12.  Any  registered  dentist  or  dental  surgeon  who 
shall  have  been  convicted  of  any  felony  in  a  court  of  com- 
petent jurisdiction,  or  shall  after  due  inquiry  by  the  board 
be  adjudged  to  have  been  guilty  of  infamous  conduct  in  any 
professional  respect,  shall  thereby,  subject  to  an  appeal  to 
the  Governor-in-Council,  forfeit  his  right  to  registration,  and 


438     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

by  direction  of  the  board  his  name  shall  be  erased  from  the 
register. 

Section  13.  Subject  to  the  exceptions  hereinafter  named, 
no  person  not  registered  under  this  act  shall  practise  dentistry 
or  dental  surgery  in  this  Colony  under  a  penalty  of  twenty 
dollars  for  each  offence. 

Section  14.  Nothing  in  this  act  shall  prevent  any  person 
from  giving  necessary  aid  as  dentist  or  dental  surgeon  to  any 
one  in  urgent  need  of  it,  provided  that  such  aid  is  not  given 
for  hire,  gain,  or  hope  of  reward,  nor  the  giving  of  it  made  a 
business  or  way  of  gaining  a  livelihood,  either  directly  or 
indirectly,  by  such  person. 

Section  15.  No  person,  who  has  not  received  the  certifi- 
cate required  by  this  act,  shall  recover  in  any  court  of  law 
any  fees  or  money  for  any  professional  services,  or  operation 
performed  by  him,  nor  for  any  materials  provided  by  him  in 
the  practice  of  dentistry  or  dental  surgery. 

Section  16.  (As  amended  March  22,  1910,  Chap.  III.) 
This  act  shall  not  apply  to  or  be  construed  to  extend  to  any 
duly  qualified  medical  practitioner  extracting  teeth,  nor  to 
any  bona  fide  resident  in  any  town  or  settlement  where  there 
is  no  resident  medical  practitioner,  dentist,  or  dental  surgeon. 

Nothing  in  this  act  shall  be  construed  to  prohibit  paid 
assistants  not  registered  under  this  act,  employed  by  any 
registered  dentist  or  dental  surgeon  in  his  office,  from  per- 
forming or  undertaking  such  duties  or  services  as  may  be 
prescribed  by  the  board  under  subsection  (/)  of  section  6. 

Section  17.  The  act  56  Vict.,  Chap.  13,  entitled  "An  Act 
to  regulate  the  Practice  of  Dentistry  and  Dental  Surgery," 
is- hereby  repealed. 

Schedule  A 

The  Dental  Register  of  Newfoundland. 
Name.  Residence.  Qualification.  Date. 

A.  B.         St.  John's  D.  S.,  Univ.  of  Penn.    Feb.  1,  1906 

C.  D.        Harbor  Grace    Practice  Mar.  1, 1906 


NOVA  SCOTIA  439 


NOVA  SCOTIA 

Revised  Statutes  1900,  Chap.  105,  p.  190. 

Section  1.  This  chapter  may  be  cited  as  "The  Dental 
Act." 

Section  2.    Interpretation. 

Section  3.  The  Dental  Association  of  the  Province  of 
Nova  Scotia,  incorporated  by  chapter  one  hundred  and 
forty-seven  of  the  acts  of  the  Legislature  of  Nova  Scotia, 
passed  in  the  year  1891,  is  hereby  continued,  and  every 
person  whose  name  is  registered  in  the  register  of  the  Pro- 
vincial Dental  Board  shall  be  entitled  to  be  a  member  of 
the  said  corporation. 

Section  4  to  6.    Meetings,  powers,  dues,  etc. 

Section  7.  (1)  The  Provincial  Dental  Board  shall  consist 
of  the  registrar  and  several  members  of  the  dental  associa- 
tion, of  whom  four  shall  be  appointed  by  the  Governor-in- 
Council,  and  three  shall  be  elected  by  the  association,  and 
shall  hold  office  for  two  years,  or  until  their  successors  are 
appointed.  Four  members  of  the  board  shall  constitute  a 
quorum. 

(2)  Qualifications  of  members. 

Section  8.     Resignation;  Filling  Vacancy. 

Section  9.  (1)  The  board  shall  hold  an  annual  meeting 
at  which  it  shall  appoint  examiners,  fix  times  of  examination, 
and  transact  all  necessary  business. 

(2)  Any  such  meeting  may  be  adjourned  from  day  to  day 
until  the  business  before  the  board  is  finished,  but  no  such 
meetings  shall  be  so  adjourned  beyond  the  Saturday  of  the 
week  in  which  the  meeting  commenced. 

(3)  The  board  may  also  hold  such  other  meetings  as  are 
necessary,  and  at  such  meetings  it  shall  have  the  like  powers 
and  duties  as  at  the  annual  meeting. 

(4)  President  may  summon  special  meeting. 
Section  10.    Appointment  of  registrar. 

Section  11.  The  board  may  from  time  to  time  establish 
the  standard  of  preliminary  or  matriculation  examination  to 


440     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

be  passed,  the  curriculum  of  studies  to  be  pursued,  the  period 
of  study  required,  and  the  necessary  examinations  to  be 
passed,  before  the  granting  of  a  Hcense  to  practise  to  a  candi- 
date, or  his  registration:  Provided,  That  no  alteration  so 
made  shall  go  into  effect  until  the  same  has  been  approved 
by  the  Governor-in-Council  and  by  the  association,  nor  shall 
it  apply  to  any  candidate  who  has  entered  upon  the  study  of 
dentistry  before  such  regulation  is  approved. 

Section  12.  The  board  shall  have  authority  to  examine 
all  candidates  and  grant  certificates  of  license  to  practise 
dental  surgery  in  the  province. 

Section  13.  The  board  shall  have  power,  and  it  shall  be 
its  duty: 

(a)  To  elect  a  president  and  such  other  officers  as  are 
necessary  to  the  working  of  this  chapter; 

(6)  To  make  rules  and  by-laws  as  to  the  calling  of  meetings 
and  the  order  and  conduct  of  business  at  such  meetings; 

(c)  To  regulate  the  study  of  dentistry,  operative  and  pros- 
thetic, by  making  rules  not  inconsistent  with  this  chapter 
with  regard  to  the  preliminary  qualification,  course  of  study 
to  be  followed,  the  final  examination,  and  the  nature  of  the 
evidence  to  be  produced  before  the  board  upon  those  sub- 
jects. 

(d)  To  appoint  fit  and  proper  persons  to  conduct  the 
preliminary  or  matriculation  examination,  and  to  fix  the 
remuneration,  if  any,  to  be  paid  to  such  examiners; 

(e)  To  examine  all  degrees,  diplomas,  licenses,  and  other 
credentials  presented  or  given  in  evidence  under  this  chapter, 
for  the  purpose  of  enabling  the  owner  of  such  credentials  to 
be  licensed  to  practise  and  to  be  registered  under  the  pro- 
visions of  this  chapter,  and  to  require  the  owner  of  such 
credentials  to  attest  on  oath  that  he  is  the  person  whose 
name  is  mentioned  therein,  and  that  he  became  possessed 
thereof  honestly. 

(/)  To  cause  every  member  of  the  profession  practising  in 
Nova  Scotia  to  register  his  name,  age,  place  of  residence, 
place  of  nativity,  the  date  of  his  license  or  diploma,  and  the 
institution  from  which  he  obtained  it. 


NOVA  SCOTIA  441 

(g)  To  make  rules  and  orders  for  regulating  the  registers 
to  be  kept  under  this  chapter. 

(h)  To  make  all  such  rules,  regulations,  and  by-laws,  not 
inconsistent  with  this  chapter,  for  carrying  this  chapter  into 
effect  as  to  the  board  seems  proper  or  necessary. 

(i)  To  appoint  as  many  examiners  to  hold  final  examina- 
tions as  the  board  deems  proper,  and  to  decide  whether 
any  remuneration  should  be  paid  to  such  examiners,  and  to 
fix  the  remuneration  if  it  is  determined  that  they  should  be 
paid.     (As  amended  by  the  Act  of  1911.) 

Section  14.  No  person  shall  begin  to  enter  upon  the  study 
of  dentistry  in  any  or  all  of  its  several  branches,  for  the  pur- 
pose of  qualifying  himself  to  practise  the  same  in  this  Prov- 
ince, unless  he  has  obtained  from  the  board  a  certificate  that 
he  has  satisfactorily  passed  a  preliminary  examination  in 
such  subjects  as  are  from  time  to  time  prescribed  by  regula- 
tions made  by  the  board  when  approved  by  the  association 
and  by  the  governor-in-council. 

Section  15.  No  candidate  shall  be  admitted  to  such  pre- 
liminary examination  unless  he  has  at  least  fourteen  days 
previous  to  such  examination  given  notice  to  the  registrar 
of  the  board  of  his  intention  to  present  himself  for  such 
examination,  and  transmitted  to  the  registrar  a  certificate 
showing  that  he  has  completed  his  sixteenth  year,  and  has 
before  the  examination,  paid  a  fee  of  ten  dollars  to  the 
registrar. 

Section  16.     Duty  of  registrar. 

Section  17.  A  candidate  for  license  to  practise  dentistry, 
except  a  person  holding  the  certificate  of  qualification  of  the 
Dominion  Dental  Council  of  Canada  must  qualify  as 
follows: 

(1)  He  must  be  of  the  full  age  of  twenty-one  years. 

(2)  He  must  be  a  graduate  of  a  dental  college  recognized 
by  the  board. 

(3)  He  must  forward  to  the  registrar  fourteen  days  before 
the  examination — 

(a)  A  written  application  for  examination,  accompanied 
by  a  satisfactory  certificate  of  character; 


442     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

(b)  The  matriculation  certificate,  diploma,  class  tickets, 
and  any  other  vouches  considered  necessary; 

(c)  A  written  statement  from  himself  and  an  attested  cer- 
tificate from  preceptor  or  preceptors,  if  any,  as  to  length  of 
time  in  months  he  was  studying  under  their  direction. 

(4)  He  shall  pass  an  examination  before  the  board  of 
examiners  on  the  subjects  usually  included  in  a  dental  educa- 
tion, and  shall  perform  operations  in  the  mouth,  and  shall 
give  practical  evidence  of  skill  in  prosthetic  and  other 
branches  of  dentistry  which  shall  be  satisfactory  to  the 
board. 

(5)  Before  taking  such  examination  each  candidate  shall 
pay  to  the  registrar  the  sum  of  $50  for  examination  fee,  and 
in  case  a  candidate  shall  wholly  fail  to  pass  his  examination 
he  shall  be  permitted  on  payment  of  $30  to  enter  at  the  next 
examination.  In  case  he  should  fail  only  in  any  subject  or 
subjects  for  which  a  supplemental  examination  may  be  re- 
quired, he  may  have  such  supplemental  examination  on 
paying  the  sum  of  $5  for  each  subject  upon  which  he  is  to  be 
re-examined.  The  above  fee  of  $50  shall  include  the  registra- 
tion fee.  The  curriculum  and  requirements  referred  to  in 
this  section  may  be  established  and  changed  from  time  to 
time  in  the  manner  prescribed  by  this  chapter.  (As  amended 
by  the  act  of  1911.) 

Section  18.  The  term  of  studentship  for  the  practice  of 
dentistry  in  Nova  Scotia  shall  be  four  regular  winter  sessions, 
in  a  recognized  dental  college,  the  curriculum  of  which 
required  four  academic  years  of  studentship  before  gradua- 
tion, which  shall  aggregate  a  minimum  of  thirty  months' 
actual  attendance  before  receiving  a  diploma. 

(1)  For  a  person  who  is  a  graduate  of  a  dental  college 
recognized  by  the  Provincial  Dental  Board,  which  requires 
less  time  than  four  years,  thirty  months'  attendance,  the 
term  of  studentship  shall  be  thirty-six  months.  The  extra 
time  over  and  above  the  months  in  college  shall  be  spent  in 
bona  fide  studentship  under  a  registered  dental  practitioner 
in  Canada,  in  which  case  the  student  shall  file  a  certified 
copy  of  his  contract  with  his  preceptor  in  the  office  of  the 


NOVA  SCOTIA  443 

registrar  of  the  Provincial  Cental  Board  of  Nova  Scotia,  or 
he  may  take  the  final  year  in  a  recognized  Canadian  dental 
college.  Upon  receiving  his  diploma  he  shall  be  eligible  for 
examination  under  the  regulations  of  the  Dental  Board. 

(2)  Examinations  shall  be  held  twice  during  the  year,  in 
April  and  September  respectively. 

(3)  No  candidate  shall  be  admitted  to  examination  who 
has  been  rejected  in  the  subjects  of  the  examination  b}^  any 
other  licensing  board  within  the  three  preceding  months. 

(4)  Applicants  for  admission  to  the  examinations  are 
required  to  lodge  with  the  registrar  a  schedule  (forms  of 
which  will  be  supplied)  showing  the  course  of  study  they  have 
pursued. 

(5)  All  candidates  for  registration  in  Nova  Scotia  must 
take  the  prescribed  examination,  subject  to  the  rules  and 
regulations  of  the  Dental  Board,  provided  that  students  of  the 
Maritime  Dental  College  of  Halifax  who  pass  the  sessional 
and  final  examinations  held  by  the  faculty  of  dentistry  of 
Dalhousie  University,  and  who  have  received  a  diploma,  and 
persons  holding  certificates  of  qualification  of  the  Dominion 
Dental  Council  of  Canada,  are  exempt  from  such  examina- 
tion of  the  Provincial  Board,  and  if  all  other  requirements  of 
the  Dental  Board  are  fulfilled,  the  candidates  shall  receive  a 
certificate  of  registration  to  practise  dentistry  in  Nova  Scotia. 
(As  amended  by  the  Act  of  1911.) 

Section  19.  Every  person  when  registering  shall  pay  to  the 
registrar  a  registration  fee  of  $20,  unless  he  has  already  paid 
the  examination  fee,  and  shall  also  pay  in  advance  the  pro- 
portionate part  of  the  annual  dues  for  the  part  of  the  year 
from  the  date  of  registering  up  to  the  31st  of  July  ensuing, 
and  every  person  whose  name  is  registered  shall,  on  or  before 
the  31st  of  July  in  each  and  every  year,  pay  in  advance  the 
annual  dues;  and  the  name  of  every  registered  practitioner 
whose  annual  dues  remain  unpaid  for  two  years  from  the 
time  the  same  are  payable  shall  be  erased  from  the  register: 
Pruvided,  That  such  name  shall  be  restored  on  payment  of 
all  arrears,  unless  the  same  is  liable  to  be  erased  for  some 
cause  other  than  non-payment  of  dues.    The  "annual  dues" 


444     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

in  this  section  mean  such  sum  as  is  fixed  by  the  association 
under  the  provisions  of  this  chapter.  (As  amended  by  the 
Act  of  1911.) 

Section  20.  Every  person  registered  under  this  chapter 
who  has  obtained  any  degree  or  quaHfication  other  than  the 
quahfication  in  respect  to  which  he  was  registered,  shall  be 
entitled  to  have  such  degree  or  additional  qualification  in- 
serted in  the  register  in  substitution  for  or  in  addition  to  the 
qualification  previously  registered,  on  the  payment  of  such 
fee  as  the  board  determines. 

Section  21.  No  qualification  shall  be  entered  on  the 
register,  either  on  the  first  registration  or  by  way  of  addition 
to  a  registered  name,  unless  the  registrar  is  satisfied,  by 
sufficient  evidence,  that  the  person  is  entitled  to  it;  and  any 
appeal  from  the  decision  of  the  registrar  may  be  taken  to 
and  decided  by  the  board;  and  any  entry  which  is  proved  to 
the  sat  sfaction  of  the  board  to  have  been  fraudulently  or 
incorrectly  made,  may  be  erased  from  the  register  by  order 
in  writing  of  the  board. 

Section  22.  Every  person  who  is  registered  under  the 
provisions  of  this  chapter  shall  be  entitled  to  practise  den- 
tistry, or  dental  surgery,  or  either  of  them,  and  to  demand 
and  recover  in  any  court  of  justice  reasonable  charges  for 
professional  aid  and  advice,  and  the  cost  of  any  medicinal, 
dental,  or  surgical  appliances  rendered  or  supplied  by  him  to 
his  patients. 

Section  23.  The  words  "legally  qualified  dental  prac- 
titioner," or  "duly  qualified  dental  practitioner,"  or  any 
other  words  importing  a  person  recognized  by  law  as  a 
dental  practitioner  or  member  of  the  dental  profession,  when 
used  in  any  act  of  the  Legislature,  or  legal  or  public  docu- 
ment, shall  be  construed  to  mean  a  person  registered  under 
this  chapter. 

Section  24.  No  person  shall  practise  dentistry  in  any  of 
its  several  branches  in  Nova  Scotia  unless  his  name  is  regis- 
tered in  the  dental  registry,  and  unless  he  has  received  from 
such  board  a  license  to  practise.  And  no  registered  den- 
tist shall  employ  any  unregistered  person  to  practise,  and 


NOVA  SCOTIA  445 

unregistered  persons  shall  not  employ  registered  dentists  to 
practise;  but  this  shall  not  apply  to  infirmaries  in  dental 
colleges,  nor  students  actually  operating  under  the  personal 
supervision  of  preceptors?  A  person  shall  not,  under  this 
clause,  be  considered  a  dental  student  under  a  preceptor 
longer  than  the  time  necessary  for  him  to  complete  the 
required  number  of  months  before  examination  for  regis- 
tration.    (As  amended  by  the  Act  of  1911.) 

Section  25.  Every  person  who  has  made  any  false  repre- 
sentation for  the  purpose  of  securing  registration,  or  in  the 
course  of  applying  to  be  registered,  or  who  hereafter  makes 
such  false  representation  shall  forfeit  all  right  to  be  regis- 
tered, and  if  such  person  has  been  registered  his  name  shall 
be  struck  off  the  register. 

Section  26.    Every  practitioner  who  has — 

(a)  after  due  inquiry  been  adjudged  by  the  board  to 
have  been  guilty  of  infamous  conduct  in  any  professional 
respect;  or 

(6)  made  any  material  misrepresantation  to  the  board 
or  the  registrar  in  order  to  procure  registration;  or 

(c)  been  convicted  of  any  crime  punishable  by  imprison- 
ment in  the  penitentiary, 

shall  forfeit  his  right  to  registration,  and  his  name  if  regis- 
tered shall  by  the  direction  of  the  board  be  erased  from  the 
register,  and  his  name  shall  be  published  in  the  dental  register 
of  the  next  following  year  as  having  been  so  erased. 

Section  27.  (1)  The  registrar  shall,  before  the  first  da}^ 
of  September  in  every  year,  cause  to  be  published  in  the 
Royal  Gazette  and  in  such  other  manner  as  the  board  directs, 
the  dental  register,  in  the  form  in  the  schedule  or  to  the 
like  effect,  containing  the  names  in  alphabetical  order  of 
the  surnames,  with  the  respective  residences,  dental  titles, 
diplomas,  and  qualifications  conferred  by  any  college  or 
body,  with  the  dates  thereof,  of  all  persons  appearing  on 
the  register  as  existing  on  the  first  day  of  August  in  such  year. 

(2)  A  copy  of  such  register  for  any  year  purporting  to  be 
published  after  the  first  day  of  August  next  preceding  shall 
be  prima  facie  evidence  in  all  courts  of  justice  that  the 


446     STATUTES  REGULATTNG  PRACTICE  OF  DENTISTRY 

persons  therein  specified  are  in  such  year  registered  under  the 
provisions  of  this  chapter,  and  the  absence  of  the  name  of  any 
person  from  such  copy  shall  be  prima  facie  evidence  that  such 
person  is  not  registered  under  the  provisions  of  this  chapter: 
Provided,  however,  That  in  the  case  of  any  person  whose  name 
does  not  appear  in  such  copy,  a  certificate  under  the  hand 
of  the  registrar  of  the  registering  of  the  name  of  such  person 
on  the  register  shall  be  evidence  that  such  person  is  registered 
under  the  provisions  of  this  chapter. 

Section  28.  No  person  shall  be  entitled  to  recover  any 
charge  in  any  court  of  justice  for  any  professional  advice  or 
attendance,  or  for  the  performance  of  any  operation  apper- 
taining to  the  practice  of  dentistry,  or  dental  surgery,  or  for 
any  surgical  or  dental  appliances  which  he  has  supplied, 
unless  he  is  registered  under  this  chapter;  but  this  section 
shall  not  apply  to  duly  qualified  medical  practitioners,  or  to 
duly  qualified  druggists  or  chemists  in  the  course  of  their 
practice  or  business. 

Section  29.  Every  person  not  registered  or  licensed  under 
the  provisions  of  this  chapter,  who — 

(a)  practises  dentistry  or  dental  surgery  for  hire,  gain,  or 
hope  of  reward;  or 

(6)  wilfully  or  falsely  pretends  to  be  a  practitioner  of 
dentistry  or  dental  surgery;  or 

(<■)  takes  or  uses  any  name,  title,  addition,  or  description 
implying  or  calculated  to  lead  people  to  infer  that  he  is 
registered  under  this  chapter;  or 

(d)  professes  by  public  advertisement,  card,  circular, 
sign,  or  otherwise  to  practise  dentistry  or  dental  surgery 
or  to  give  advice  therein,  or  in  anywise  to  lead  people  to 
infer  that  he  is  qualified  to  practise  dentistry  or  dental 
surgery  in  this  province — 

shall  be  liable  to  a  penalty  of  twenty  dollars,  and  every  day 
on  which  any  such  offence  occurs  shall  be  deemed  a  separate 
offence. 

Section  30.  If  the  registrar  makes  or  causes  to  be  made 
any  wilful  falsification  in  any  matters  relating  to  the  register, 
he  shall  be  liable  to  a  penalty  of  one  hundred  dollars. 


NOVA  SCOTIA  447 

Section  31.  E^'e^y  person  who  wilfully  procures  or  at- 
tempts to  procure  himself  to  be  registered  under  this  chapter 
by  making  or  producing  or  causing  to  be  made  or  produced, 
any  false  or  fraudulent  representation  or  declaration,  either 
verbally  or  in  writing,  and  every  person  knowingly  aiding 
and  assisting  hi  m  therein,  shall  be  liable  to  a  penalty  of 
one  hundred  dollars. 

Section  32.    Disposition  of  penalties. 

Section  33.  Upon  the  trial  of  any  action  under  the  pro- 
visions of  this  chapter  the  burden  of  proof  as  to  the  license 
or  right  of  the  defendant  to  practise  dentistry  or  dental  sur- 
gery in  Nova  Scotia  shall  be  upon  the  defendant. 

Section  34.     (Repealed  by  the  Act  of  1911.) 

Section  35.  Nothing  in  this  chapter  shall  prevent  any 
person  from  giving  necessary  aid  to  anyone  in  urgent  need  of 
it:  Provided,  That  such  aid  or  attendance  is  not  given  for 
hire  or  gain,  nor  the  giving  of  it  made  a  business  or  way  of 
gaining  a  livelihood  by  such  person. 

Section  36. '  (1)  Except  as  is  in  the  next  preceding  section 
provided,  no  person,  whether  registered  as  a  dental  practi- 
tioner or  otherwise,  shall  extract  teeth  or  perform  any  other 
dental  operations  for  fee  or  otherwise,  on  any  public  street 
or  common,  or  in  any  park,  square,  parade  ground,  or  other 
public  place. 

(2)  Every  person  who  violates  the  provisions  of  this 
section,  shall  be  liable  to  a  penalty  of  not  less  than  five 
dollars  for  each  offence,  and  in  default  of  payment  to  im- 
prisonment for  a  period  not  exceeding  twenty  days,  and 
each  such  dental  operation  shall  be  a  separate  offence. 

Section  37.    Moneys  to  be  paid  to  treasurer. 

Section  38.  The  books  and  accounts  of  the  board  shall 
at  all  times  be  open  to  the  examination  of  any  practitioner 
duly  qualified  under  this  chapter. 

Section  39.  (Supplied  by  Act  of  1907.)  Power  of  associa- 
tion to  establish  dental  college. 

Section  40.  (Supplied  by  Act  of  1907.)  Board  to  make 
by-laws. 

Section  41.  (Supplied  by  Act  of  1907.)  Affiliation  of  the 
dental  college. 


448     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  42.  (Supplied  by  the  Act  of  1907,  as  amended  by 
the  Act  of  1911.)  The  dental  board  shall  accept  persons  hold- 
ing the  certificates  of  qualification  of  the  Dominion  Dental 
Council  of  Canada  for  registration  without  examination, 
providing  that  all  other  qualifications  imposed  by  the  board 
are  met.  But  such  persons  before  being  registered  shall  pay 
to  the  registrar  a  registration  fee  of  S20  together  with  the 
proportion  of  the  annual  dues  for  the  year  up  to  the  31st  of 
July  ensuing. 

Schedule  (Section  27) 

Dental  Register. 

Name.      Age.  Residence.  Qualifications. 

A.  B.       22      Halifax.  D.  D.  S.,  Univ.  of  Penna. 

C.  D.      30      Windsor,  Hants  Co.     D.  M.  D.,  Harvard  Univ. 


ONTARIO 

Statutes  1911,  I  Geo.  V,  Chap.  39,  p.  325. 

Section  1.    This  act  may  be  cited  as  The  Dentistry  Act. 

Section  2.  "The  Royal  College  of  Dental  Surgeons  of 
Ontario,"  hereinafter  called  "the  College,"  is  continued  and 
every  person  who  holds  a  valid  and  unforfeited  certificate 
of  license  to  practise  dentistry  granted  him  by  such  college 
shall  be  a  member  of  the  corporation. 

Section  3.  Powers  to  hold  real  estate.  Consent  to  aliena- 
tion, etc.,  required.    Notice  of  meetings. 

Section  4.  (1)  There  shall  be  a  board  of  directors  of  the 
college,  hereinafter  called  "the  Board." 

Sections  5  to  8.    Election  of  Board;  Vacancies,  Meetings. 

Sections  9  to  11.    Officers  of  Board. 

Section  12.  The  School  of  Dentistry  in  the  city  of 
Toronto  established  by  the  Board  is  hereby  continued. 

Section  13.  (1)  The  Board  may  appoint  one  or  more 
examiners  for  the  matriculation  or  preliminary  examination 
of  all  students  entering  the  profession,  or  may  accept  in  lieu  of 


ONTARIO  449 

such  matriculation  or  preliminary  examination  evidence  that 
a  student  has  passed  any  other  satisfactory  examination. 

(2)  Such  examination  shall  be  passed  prior  to  entering  into 
articles  with  a  licentiate  of  dental  surgery. 

Section  14.  (1 )  The  Board  may  prescribe  a  curriculum  of 
studies  to  be  pursued  by  students,  and  fix  and  determine  the 
period  for  which  every  student  shall  be  articled  and  employed 
under  a  duly  licensed  practitioner,  the  examination  necessary 
to  be  passed  and  the  fees  to  be  paid  to  the  treasurer  before  a 
certificate  of  license  to  practise  dental  surgery  is  issued. 

(2)  The  Board  may  prescribe  the  conditions  upon  which 
dentists  residing  elsewhere  than  in  Ontario,  and  students  and 
graduates  from  other  dental  colleges  may  be  admitted  to 
membership  in  the  College. 

Section  15.  The  College  may,  subject  to  the  approval 
of  the  Lieutenant-Governor  in  Council,  make  arrangements 
with  any  university  or  college  in  Ontario  for  the  attendance 
of  students  of  the  School  of  Dentistry  at  such  lectures  or 
classes  in  such  university  or  college  as  may  come  within  the 
course  or  subjects  of  instruction  prescribed  by  the  by-laws 
of  the  college,  and  may,  subject  to  such  approval,  agree  with 
any  such  university  or  college,  for  the  use  of  any  library, 
museum,  or  property  belonging  to,  or  under  the  control  of, 
such  university  or  college,  and  may  affiliate  with  such  uni- 
versity or  college,  and  may  enter  into  all  arrangements 
necessary  to  that  end  upon  such  terms  as  may  be  agreed 
upon. 

Section  16.  The  board  may  by  by-law  provide  that  any 
licentiate  in  dentistry,  being  a  member  of  the  college  of  not 
less  than  five  years'  standing,  shall  receive  the  title  of 
"Master  of  Dental  Surgery,"  upon  passing  such  examina- 
tion and  complying  with  such  regulations  as  the  board  may 
prescribe. 

Section  17.  (1)  The  board  shall  make  such  by-laws  as 
it  may  deem  necessary  for  the  proper  and  better  guidance, 
government,  discipline  and  regulation  of  the  board,  the 
college,  the  members  of  the  college,  and  the  profession  of 
dental  surgery  and  the  carrying  out  of  the  provisions  of  this 
29 


450     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

act,  and  such  by-laws  shall  be  published  for  two  consecutive 
weeks  in  the  Ontario  Gazette,  and  shall  not  take  effect  until 
so  published. 

(2)  Such  by-laws  or  any  of  them  may  be  annulled  by  the 
Lieutenant-G  o  vernor-in-C  oUncil . 

Section  18.  (1)  All  persons  being  British  subjects  by 
birth  or  naturalization,  who  were  engaged  on  the  4th  day  of 
March,  1868,  in  the  practice  of  the  profession  of  dentistry, 
or,  who,  not  having  been  residents  of  Ontario,  had  then  had 
three  years'  experience  in  the  practice  of  dentistry,  shall  be 
entitled  to  the  certificate  of  "Licentiate  of  Dental  Surgery," 
upon  furnishing  to  the  board  satisfactory  proof  of  their  hav- 
ing been  so  engaged,  or  having  had  such  experience,  passing 
the  required  examination  and  paying  the  prescribed  fees. 

(2)  All  persons  being  British  subjects  by  birth  or  natural- 
ization, who  were  continuously  engaged  for  five  years  and 
upward  in  established  oflfice  practice  next  preceding  the 
4th  day  of  March,  1868,  in  the  practice  of  the  profession  of 
dentistry  in  Ontario  shall,  upon  satisfactory  proof  thereof, 
and  upon  payment  of  the  prescribed  fees,  be  entitled  to  such 
certificate  without  passing  any  examination. 

Section  19.  (1)  The  Board  once  at  least  in  every  year, 
shall  cause  to  be  held  at  a  time  fixed  by  the  Board,  an 
examination  of  the  candidates  for  certificates  and  such  titles 
as  the  board  has  authority  to  grant. 

(2)  At  every  such  examination  the  candidates  shall  be 
examined  orally  or  in  writing  or  otherwise,  by  examiners  to 
be  appointed  for  that  purpose  by  the  board,  in  such  subjects 
as  the  board  shall  prescribe. 

(3)  The  examiners  shall  receive  such  remuneration  as  may 
be  fixed  by  the  board. 

(4)  Each  examiner  shall,  if  required,  subscribe  and  take 
the  following  declaration: 

"I  solemnly  declare  that  I  will  perform  my  duty  of  ex- 
aminer without  fear,  favor,  affection,  or  partiality  toward 
any  candidate,  and  that  I  will  not  knowingly  allow  to  any 
candidate  any  advantage  which  is  not  equally  allowed  to 
all." 


ONTARIO  451 

Section  20.  (1)  If  the  board  is  satisfied  by  the  examina- 
tion that  the  candidate  is  dniy  quahfied  to  practise  the  pro- 
fession of  dental  surgery,  and  that  he  is  a  person  of  integrity 
and  good  moral  character,  it  shall,  subject  to  the  by-laws, 
grant  him  a  certificate  of  license  and  the  title  of  "  Licentiate 
of  Dental  Surgery,"  which  certificate  and  title  shall  entitle 
him  to  all  the  rights  and  privileges  conferred  by  this  act. 

(2)  The  board  shall  hold  at  least  one  meeting  in  each  year 
in  the  city  of  Toronto,  for  the  purpose  of  granting  such 
certificates  and  titles  and  for  the  transaction  of  such  other 
business  as  may  properly  come  before  it. 

Section  21.  Every  certificate  of  license  shall  be  sealed 
with  the  corporate  seal  of  the  college  and  signed  by  the 
president  and  secretary  of  the  board;  and  the  production 
of  such  certificate  of  license  shall  be  prima  facie  evidence 
in  all  courts  and  upon  all  proceedings  of  its  execution  and 
contents. 

Section  22.  The  secretary  of  the  Board  shall,  on  or  before 
the  15th  day  of  January  in  each  year,  transmit  to  the  pro- 
vincial secretary  a  certified  list  of  the  names  of  all  persons 
to  whom  certificates  of  license  have  been  granted  during  the 
year  ending  on  the  next  preceding  31st  day  of  December. 

Section  23.  Every  person  desirous  of  being  examined 
touching  his  qualifications  for  the  practice  of  the  profession 
of  dental  surgery,  shall,  at  least  one  month  before  such 
examination,  pay  to  the  treasurer  the  prescribed  fees,  and 
deliver  to  the  secretary  the  treasurer's  receipt  for  the  same, 
together  with  satisfactory  evidence  of  his  service  under  articles 
and  compliance  with  the  rules  and  regulations  prescribed  b}^ 
the  board,  and  of  his  integrity  and  good  morals. 

Section  24.  (1)  Every  member  of  the  college  engaged  in 
the  practice  of  dental  surgery  in  Ontario  shall,  on  or  before 
the  first  day  of  November  in  each  year,  pay  to  the  treasurer 
or  to  a  person  deputed  b}"  him  to  receive  the  same,  such 
annual  fee,  not  less  than  $1  and  not  more  than  $3,  as  may  be 
prescribed  by  by-law  of  the  board,  toward  the  general 
expenses  of  the  college,  and  such  fees  shall  be  recoverable  by 
suit  in  the  name  of  the  Roval  College  of  Dental  Surgeons  of 


452     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Ontario  in  the  division  court  of  the  division  in  which  the 
member  in  default  resides. 

(2)  For  any  services  rendered  in  the  practice  of  dental 
surgery  while  he  is  in  default  in  respect  of  any  annual  fee  a 
member  shall  not  be  entitled  to  recover  in  any  court. 

Section  25.  (1)  No  person  who  is  not  a  member  of  the 
college  shall  by  himself  or  by  any  other  person  practise  the 
profession  of  dental  surgery,  or  perform  any  dental  operation 
upon  or  prescribe  any  dental  treatment  for  any  person,  for 
hire,  gain,  or  hope  of  reward,  whether  by  way  of  fees,  salary, 
rent,  percentage  of  receipts  or  in  any  other  form,  or  shall 
pretend  to  hold,  or  take  or  use  any  name,  title,  addition,  or 
description  implying  that  he  holds  a  certificate  of  license  to 
practise  dental  surgery,  or  that  he  is  a  member  of  the  College, 
or  shall  falsely  represent,  or  use  any  title  representing  that  he 
is  a  graduate  of  any  dental  college. 

(2)  Every  person  who  contravenes  any  of  the  provisions 
of  this  section  shall,  for  the  first  offence,  incur  a  penalty  not 
exceeding  $50,  and  for  every  subsequent  offence  a  penalty 
not  exceeding  $100,  and  he  shall  not  be  entitled  to  sue  or 
recover  in  any  court  for  any  services  which  he  performed,  or 
materials  which  he  provided,  in  the  ordinary  and  customary 
work  of  a  dental  surgeon. 

(3)  This  section  shall  not  prevent  any  duly  articled  student 
of  dental  surgery  from  receiving  instruction  in  clinics  and 
practice  under  the  personal  supervision  of  a  member  of  the 
college. 

(4)  The  penalties  shall  be  recoverable  under  the  Ontario 
Summary  Convictions  Act  and  shall  be  paid  over  by  the 
convicting  justice  to  the  treasurer  of  the  College. 

Section  26.  In  any  prosecution  under  Section  25,  the 
burden  of  proof  of  qualification  shall  be  upon  the  defendant. 

Section  27.  (1)  The  board  may  suspend  or  cancel  the 
certificate  of  license  of  a  member  of  the  college  who  has  been 
heretofore  or  shall  hereafter  be  convicted  in  Canada  or  else- 
where of  an  indictable  offence  if  his  conviction  remains  unre- 
versed, or  who  has  been  or  shall  be  guilty  of  any  infamous, 
disgraceful  or  improper  conduct  in  a  professional  respect,  but 


ONTARIO  453 

this  power  shall  not  be  exercised  if  the  conviction  is  for  a 
political  offence  committed  out  of  His  Majesty's  Dominions, 
or  for  an  offence  which,  though  indictable,  ought  not,  either 
from  its  nature  or  from  the  circumstances  under  which 
it  was  committed,  to  disqualify  the  person  convicted  from 
practising  dentistr^^ 

(2)  Where  a  member  has  been  guilty  of  infamous,  dis- 
graceful, or  improper  conduct  in  a  professional  respect  the 
power  conferred  by  Subsection  1  may  be  exercised  notwith- 
standing that  he  has  been  acquitted  of  a  criminal  charge  in 
respect  of  the  same  matter. 

(3)  The  board  may  of  its  own  motion,  and  upon  the 
application  of  any  four  members  of  the  college  shall,  cause 
inquiry  to  be  made  into  any  case  in  which  it  is  alleged  that  a 
member  of  the  college  has  become  liable  to  the  suspension  or 
cancellation  of  his  certificate  of  license  for  any  of  the  causes 
mentioned  in  Subsection  1. 

(4)  The  board  shall  appoint  and  shall  always  maintain  a 
committee  of  its  own  body  for  the  purpose  of  ascertaining 
the  facts  of  each  case  which  may  become  the  subject  of 
inquiry. 

(5)  to  (10)  By-laws  as  to  tenure  of  office  and  proceedings 
before  council.     Employment  of  assistance. 

(11)  The  member  whose  conduct  is  the  subject  of  inquiry 
shall  have  the  right  to  be  represented  by  counsel. 

(12)  All  meetings  of  the  committee  for  taking  evidence  or 
otherwise  ascertaining  the  facts  shall  be  held  within  the 
county  or  district  in  which  the  member  whose  conduct  is 
the  subject  of  inquiry  resides. 

(13)  At  least  fourteen  days'  notice  of  the  meeting  of  the 
committee  for  taking  the  evidence  or  otherwise  ascertaining 
the  facts  shall  be  given  to  the  member  whose  conduct  is  the 
subject  of  inquiry. 

(14)  The  notice  shall  contain  a  statement  of  the  matter 
which  is  to  form  the  subject  of  the  inquiry. 

(15)  The  testimony  of  the  witnesses  shall  be  taken  under 
oath,  which  the  chairman  or  any  member  of  the  committee 
may  administer,  and  there  shall  be  full  right  to  cross-examine 


454     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

all  witnesses  called  and  to  adduce  evidence  in  defence  and  in 
reply. 

(16)  If  the  person  whose  conduct  is  the  subject  of  the  in- 
quiry though  duly  notified  does  not  attend,  the  committee 
may  proceed  in  his  absence,  and  he  shall  not  be  entitled  to 
notice  of  the  future  meetings  or  proceedings  of  the  committee. 

(17)  The  committee  and  any  party  to  the  proceedings  may 
obtain  on  precipe  from  the  high  court  a  subpena  for  the 
attendance  of  witnesses  and  the  production  of  books,  docu- 
ments, and  things,  and  disobedience  thereof  shall  be  deemed 
a  contempt  of  court. 

(18)  Witnesses  shall  be  entitled  to  the  like 'allowances  as 
witnesses  attending  upon  the  trial  of  an  action  in  the  high 
court. 

(19)  The  committee  shall  report  to  the  board  the  evidence 
adduced  and  the  committee's  findings  thereon. 

(20)  The  board  may  act  upon  the  report  of  the  committee 
and  may  make  such  order  thereon  as  the  board  may  deem 
just. 

(21)  Where  the  complaint  is  found  to  be  frivolous  or  vex- 
atious, the  board  may  pay  such  costs  as  to  it  may  seem  just 
to  a  member  whose  conduct  has  been  the  subject  of  inquiry. 

(22)  Where  the  board  directs  the  certificate  of  license  of 
a  member  to  be  suspended  or  cancelled,  it  may  direct  that 
the  costs  of  and  incidental  to  the  inquiry  be  paid  by  such 
member,  and  after  taxation  of  such  costs  by  one  of  the  taxing 
oflEicers  at  Toronto,  execution  may  issue  out  of  the  high 
court  for  the  recovery  thereof  in  like  manner  as  upon  a 
judgment  in  an  action  in  that  court. 

Section  28.  No  action  shall  be  brought  against  the  board 
or  the  committee  or  any  member  thereof  for  anything  done 
in  good  faith  under  this  act  on  account  of  any  want  of  form 
or  irregularity  in  their  proceedings,  but  a  member  whose  cer- 
tificate of  license  has  been  suspended  or  cancelled  may  at  any 
time  within  six  months  from  the  date  of  the  decision  of  the 
board  appeal  from  the  decision  of  the  board  to  a  division 
court  of  the  high  court. 

Section  29.    Practice  and  procedure  on  appeal. 


PRINCE  EDWARD  ISLAND  455 

Section  30.  The  board  may  direct  the  restoration  of  the 
certificate  of  license  of  any  member  whose  certificate  has 
been  cancelled  under  the  powers  conferred  by  this  act,  upon 
such  terms  and  conditions  as  the  board  may  deem  just. 

Section  31.  Nothing  in  this  act  shall  affect  or  interfere 
with  the  rights  and  privileges  conferred  upon  legally  qualified 
medical  practitioners  by  the  Ontario  Medical  Act. 

Section  32.  Chapter  178  of  the  Revised  Statutes  of 
Ontario,  1897,  is  repealed. 


PRINCE  EDWARD  ISLAND 

1902,  Act  of  Assembly  Chapter  16,  p.  27. 
Section  1.     (a)  This  act  may  be  cited  as  "The  Prince 
Edward  Island  Dental  Act." 

(b)  In  this  act  unless  the  context  otherwise  requires,  the 
"Council"  means  the  Dental  Council;  the  "Society"  means 
the  Dental  Society  of  Prince  Edward  Island,  and  the  "  Regis- 
trar" means  the  Registrar  of  the  Dental  Council. 

(c)  In  this  act  or  in  any  other  act  of  the  Legislature  or 
legal  public  document  the  words  "qualified  dental  practi- 
tioner" or  any  other  words  importing  a  person  recognized  by 
law  as  a  dental  practitioner  or  member  of  the  dental  pro- 
fession, shall  be  construed  to  mean  a  person  registered  under 
this  act. 

Section  2.  The  members  of  the  dental  profession  of  Prince 
Edward  Island  shall  be  a  body  corporate,  under  the  name  and 
style  of  "The  Dental  Societ}^  of  Prince  Edward  Island," 
having  perpetual  succession  and  a  common  seal  with  power 
to  acquire,  hold,  and  dispose  of  chattel  property  and  real 
estate  for  the  purposes  of  this  act,  and  to  sue  and  be  sued  in 
the  manner  usual  with  such  corporations. 

Section  3.  Every  person  holding  a  certificate  from  the 
Provincial  Secretary,  under  the  provisions  of  "The  Prince 
Edward  Island  Dental  Act,"  passed  in  the  fifty-fifth  year  of 
Her  Late  Majesty's  reign,  shall  be  entitled  to  be  registered 
under  this  act;  and  every  person  hereafter  registered  under 


456     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

the  provisions  of  this  act,  shall  also  be  a  member  of  the 
society. 

Section  4.  There  shall  be  a  council  of  the  said  society 
composed  of  five  members,  to  be  elected  as  hereinafter 
provided  from  among  and  by  the  registered  members  of  the 
society. 

(1)  All  members  of  the  council  shall  be  practitioners  duly 
registered  under  this  act,  and  shall  be  residents  of  this 
Province,  and  any  member  who  during  the  term  for  which 
he  was  elected  ceases  to  reside  in  the  Province,  shall  thereby 
vacate  his  office  as  such  member. 

(2)  The  members  of  the  council  to  hold  office  for  one  year. 

(3)  Time  of  meeting. 

(4)  Quorum. 

Section  5.    Place  of  Meeting;  Special  Meetings. 

Section  6.  The  council  shall  annually  appoint  a  presi- 
dent, vice-president,  registrar,  and  such  other  officers  as  may 
from  time  to  time  be  necessary  for  giving  effect  to  this  act. 

Section  7.  The  council  shall  cause  to  be  kept  by  the 
registrar  a  book  or  register  in  which  shall  be  entered  the  name 
of  every  person  registered  according  to  the  provisions  of  this 
act,  and  from  time  to  time  the  names  of  all  persons  who  shall 
have  complied  with  enactments  hereinafter  contained,  and 
with  the  by-laws,  rules,  and  regulations  of  the  society  and  of 
the  council  respecting  the  qualification  to  be  required  from 
practitioners  of  dentistry  and  dental  surgery  in  the  Province, 
which  book  or  register  shall  be  called  "The  Prince  Edward 
Island  Dental  Register,"  and  those  persons  only  whose  names 
are  inscribed  in  the  book  or  register  above  mentioned,  shall 
be  deemed  to  be  qualified  and  licensed  to  practise  dentistry 
and  dental  surgery  in  this  Province,  and  such  book  or  register 
shall  at  all  times  be  open  and  subject  to  inspection  by  any 
person.     (As  amended  1904,  Chapter  X,  p.  14.) 

Sections  8,  9,  and  10.     (Repealed  1904,  Chap.  X,  p.  14.) 

Act  of  1904,  Chapter  X,  p.  14. 

Section  3.  No  person  shall  hereafter  be  entitled  to  have 
his  name  entered  on  the  dental  register  (except  students  from 


PRINCE  EDWARD  ISLAND  457 

this  Province  now  prosecuting  their  professional  studies  in  a 
dental  college  or  institution  such  as  is  mentioned  in  sub- 
section "B"  of  this  section,  who  shall  apply  for  registration 
within  three  months  after  the  date  of  their  graduation)  unless 
he  produces  evidence  satisfactory  to  the  council: 

(a)  (As  amended  by  the  act  of  1906.)  That  he  has  passed 
a  preliminary  or  matriculation  examination  in  the  subjects 
specified  in  the  by-laws  of  the  council  and  had  his  name 
entered  in  the  dental  students'  register;  also,  (6)  That  he 
has  after  such  examination  and  registration  pursued  his 
professional  studies  through  a  complete  course  through  some 
Canadian  dental  college,  or  university  having  a  special 
dental  department,  or  some  such  institution,  duly  authorized 
by  the  laws  of  Great  Britain  or  any  of  her  dependencies,  or 
from  any  dental  college  or  university  having  a  dental  de- 
partment in  the  United  States  of  America  recognized  by  the 
National  Board  of  Dental  Examiners  of  the  United  States, 
and  has  been  graduated  therefrom;  also  (c)  That  he  has 
satisfactorily  passed  an  examination  in  the  various  branches 
of  professional  studies  specified  in  the  by-laws  of  the  council 
before  professional  examiners  appointed  by  the  council  and 
upon  passing  the  examination  required,  and  on  payment  of 
the  fee  for  such  examination,  also  the  fee  for  registration, 
which  fees  shall  be  fixed  by  the  by-laws  of  the  society,  he 
shall  be  entitled  to  registration :  Providing,  That  any  person 
holding  the  degree  B.A.  from  any  university  recognized  by 
the  by-laws  of  the  society,  or  any  person  holding  a  teacher's 
license  of  the  first  class  or  second  class  in  this  Province,  or 
anyone  holding  a  second  year  certificate  from  Prince  of 
Wales  College  or  who  produces  a  certificate  of  having  passed 
(a)  the  preliminary  examination  for  matriculation  into  any 
institution  in  Great  Britain  or  Canada,  recognized  for  the 
purpose  of  matriculation  in  medicine  and  dentistry  by  the 
General  Medical  Council  of  Great  Britain,  (b)  matriculation 
into  the  faculty  of  arts  of  any  provincial  university  of 
Canada,  shall  not  be  required  to  pass  the  matriculation 
examination. 


458     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  4.  The  council  shall  cause  to  be  kept  by  the  regis- 
trar a  book  or  register  to  be  called  the  "Dental  Students' 
Register,"  in  which  shall  be  entered  the  names  of  all  who  have 
passed  the  said  matriculation  examination,  together  with 
the  date  of  registration,  and  such  other  particulars  with 
regard  thereto  as  the  council  may  deem  necessary  or  expe- 
dient. A  fee  of  two  dollars  shall  be  paid  for  such  registration 
and  a  certificate  thereof. 

Section  5.  When  and  so  soon  as  it  appears  that  there  has 
been  established  in  any  of  the  other  Provinces  of  Canada 
an  examining  body,  similar  to  that  constituted  by  this  act, 
or  an  institution  duly  recognized  by  the  Legislature  of  any 
of  the  other  Provinces  as  the  sole  examining  body  for  the 
purpose  of  granting  certificates  of  qualification,  and  that 
the  curriculum  is  at  least  equal  to  that  approved  of  by  the 
council ;  the  holder  of  a  certificate  of  qualification  to  practise 
granted  by  the  proper  body  in  such  other  Province  shall  upon 
due  proof  be  entitled  to  registration  by  the  council  if  the 
same  privilege  is  accorded  in  such  other  province  to  practi- 
tioners registered  in  this  Province. 

Section  6.  The  majority  present  at  the  annual  meetings 
or  at  any  special  meeting  of  the  society  called  for  that  pur- 
pose may  make  regulations  and  by-laws  for  the  government 
of  the  society. 

Section  7.  The  majority  of  the  council  at  any  meeting  of 
the  council  may  make  by-laws,  rules,  and  regulations,  and 
from  time  to  time  repeal,  alter,  or  amend  the  same,  respecting 
the  following  subjects:  Rules  of  Order;  the  number  to" con- 
stitute a  quorum  of  the  council;  the  duties  of  the  officials  of 
the  council;  the  holding  of  examinations  under  Section  3 
of  this  act,  and  the  subjects  of  such  examinations,  the  fee 
to  be  charged  for  such  examination  and  for  registration;  the 
appointment  of  properly  qualified  persons  to  conduct  exami- 
nations; decide  upon  the  times  and  places  for  holding  such 
examinations,  and  the  remuneration,  if  any,  to  be  paid  such 
examiners;  and  generally  respecting  all  other  such  matters 
as  may  be  found  necessary  for  carrying  out  the  provisions 
of  said  "The  Prince  Edward  Island  Dental  Act,"  and  of  this 


QUEBEC  '       459 

act.  All  the  by-laws  of  the  council  made  under  this  section 
must  be  approved  of  by  the  society  at  a  general  meeting 
before  coming  into  force,  and  all  official  acts  of  the  council 
which  concern  the  dental  profession  shall  be  subject  to  an 
inquiry  by  the  society  which  may  approve,  amend,  alter,  or 
reverse  the  same. 

Section  8.  All  by-laws  of  the  society  and  of  the  council 
shall  receive  the  approval  of  the  Lieutenant-Governor-in- 
Council,  before  the  same  shall  have  full  force  and  effect. 

Section  9.  In  any  case  any  person  registered  under  the 
provisions  of  said  act  has  never  been  a  resident  of  this 
Province,  his  name  shall  be  expunged  from  the  register,  and 
it  shall  not  be  lawful  for  such  person  to  practise  dentistry  or 
dental  surgery  in  this  island  for  hire,  gain,  or  hope  of  reward, 
until  and  unless  he  complies  with  and  becomes  registered 
under  the  provisions  of  this  act. 

Section  21.    (Act  of  1902  as  amended  by  Act  of  1904.) 

Nothing  in  this  act  shall  be  construed  to  prevent  surgeons 

or  physicians  qualified  to  practise  medicine  in  this  Province 

from  temporarily  filling  or  extracting  teeth  or  otherwise 

attending  to  them  for  the  prevention  or  cure  of  toothache. 

Section  1.  (Act  of  1906,  Chap.  27,  p.  11.)  Notwith- 
standing anything  in  "The  Prince  Edward  Island  Dental 
Act"  or  in  any  amendments  thereof,  or  in  any  regulations 
made  thereunder,  any  person  holding  a  certificate  of  quali- 
fication from  the  Dominion  Dental  Council,  shall  be  entitled 
to  be  registered  and  have  his  name  entered  in  "The  Prince 
Edward  Island  Dental  Register,"  as  a  qualified  dental  prac- 
titioner, subject  to  the  same  conditions,  rules,  and  regulations 
as  if  such  person  had  obtained  such  right  under  the  pro- 
visions of  the  said  act  or  any  amendment  thereof. 

QUEBEC 

1909,  Revised  Statutes  of  Quebec,  Vol.  II,  p.  290.  . 
Section  5030.    All  persons  residing  within  the  Province 
authorized   by   law  to   practise   the   profession   of   dentist 


460     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

therein,  and  who  have  obtained  a  certificate  as  a  Hcensed 
surgeon  dentist  in  this  Province,  and  who  are  registered  as 
such  in  virtue  of  this  section,  are  incorporated  under  the 
name  of  the  "  College  of  Dental  Surgeons  of  the  Province  of 
Quebec,'^  having  a  common  seal,  with  power  to  change, 
amend,  cancel,  or  renew  the  same. 

Under  such  name,  the  corporation  shall  be  vested  with  all 
the  powers  conferred  upon  civil  corporations  under  the  laws 
of  this  Province,  but  shall  not  acquire  immovable  property  of 
over  ten  thousand  dollars  in  value. 

Section  5031.  The  affairs  of  the  college  shall  be  admin- 
istered by  a  board  called  the  "Board  of  Governors." 

Section  5032.  The  board  shall  consist  of  eleven  qualified 
members  of  the  college  elected  at  a  general  meeting  held  for 
that  purpose.  At  least  one  of  such  members  shall  be  domi- 
ciled in  the  district  of  Quebec,  another  in  one  of  the  districts 
of  St.  Francise,  Arthabaska  or  Bedford,  and  nine  in  any 
part  of  the  province. 

Section  5033.    Election  of  governors,  nominations,  etc. 

Section  5034.    Qualifications  of  persons  voting. 

Section  5035.    Term  of  office. 

Section  5036.  Date  of  election  of  governors,  notice  of 
meeting. 

Section  5037.     Quorum  at  meetings  of  college. 

Section  5038.  Appointment  of  president  and  other 
officers. 

Section  5039.     Other  meetings. 

Section  5040.     Quorum. 

Section  5041.    Casting  vote  of  chairman. 

Section  5042.     Vacancies  on  board. 

Section  5043.  The  board  of  governors  may  enact  rules 
and  regulations,  not  inconsistent  with  the  provisions  of  this 
section,  respecting  the  honor,  the  dignity,  and  the  discipline 
of  the  members  of  the  college,  the  examinations  for  admission 
to  the  study  and  to  the  practice  of  dentistry,  and  generally 
for  all  matters  and  things  in  connection  with  the  practice  of 
surgeon-dentist,  provided,  however,  that  such  regulations  be 
not  inconsistent  with  the  laws  of  this  Province  or  of  Canada. 


QUEBEC  461 

In  default  of  a  by-law  applicable  to  particular  cases,  the 
board  of  governors  shall  decide,  subject  to  appeal  to  the 
annual  meeting  of  the  whole  profession,  whether  the  act  com- 
plained of  is  derogatory  to  the  honor,  dignity,  and  discipline 
of  the  profession. 

Section  5044.  (1)  The  following  alone  are  declared  to  be 
derogatory  to  professional  honor: 

(a)  Acceptance  by  a  member  of  the  board  of  governors  of 
money  or  any  other  advantage,  or  the  promise  of  money  or 
of  any  other  advantage,  for  contributing  or  having  contrib- 
uted to  the  taking  of  any  proceeding  or  the  rendering  of  any 
decision  whatever  by  the  board  of  governors  of  the  dental 
college. 

(b)  Divulging  a  professional   secret. 

(c)  Sharing  between  dentists  and  those  who  are  not  den- 
tists of  profits  arising  from  the  practice  of  dentistry. 

(d)  Associating  or  consulting  with  quacks. 

(e)  The  habitual  abuse  of  alcoholic  liquors  or  of  narcotics. 
(/)  Publishing  advertisements  in  which  are  mentioned  the 

prices  for  different  kinds  of  professional  services;  publishing 
cases  of  healing  or  treatment ;  distributing  circulars  mention- 
ing things  prohibited  by  this  section;  advertising  by  signs 
elsewhere  than  at  a  dentist's  office;  calling  public  attention 
to  special  modes  of  work  with  intent  to  deceive  the  public; 
claiming  by  any  advertisement  superiority  over  brother  den- 
tists; advertising  free  operations;  soliciting  patients  from 
house  to  house;  advertising  nostrums. 

(g)  The  allowing  by  a  practising  dentist  of  a  person  who  is 
not  a  licentiate,  to  practise  the  said  profession  in  his  name 
or  under  his  patronage,  or  under  any  style  whatever  in  his 
office;  the  allowing  a  student  or  a  licentiate  who  has  been 
forbidden  to  practise  for  violation  of  the  law  or  by-laws,  to 
practise  dentistry  directly  or  indirectly,  or,  by  placing  his 
name  in  conjunction  wdth  that  of  a  practising  dentist  upon 
a  sign  or  otherwise,  to  represent  himself  as  the  partner  of 
such  practising  dentist  or  as  being  connected  with  his  office. 

(A)  An  agreement  between  a  practising  dentist  and  a 
candidate  who  has  been  rejected  at  the  final  examination. 


462     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

for  the  purpose  of  enabling  such  candidate  to  unlawfully 
practise  the  said  profession  or  to  evade  the  law  respecting 
the  practice  of  dentistry  in  the  Province. 

(i)  A  practising  dentist  allowing  a  licentiate  forbidden  to 
practise  his  profession,  to  continue  to  practise  under  his 
name  or  patronage,  or  in  his  office,  or  under  any  name  or 
style  whatever,  or  making  arrangements  with  him  to  enable 
him  to  unlawfully  practise  such  profession  or  to  evade  the 
law  respecting  the  practice  of  dentistry  in  the  Province. 

(j)  A  dentist  advertising  through  any  business  firm  or 
allowing  such  firm  to  advertise  for  him;  advertising  under 
any  firm  or  corporate  name  whether  by  signs  or  advertise- 
ment in  newspapers,  magazines,  or  otherwise,  anything  de- 
clared by  this  section  to  be  derogatory  to  the  honor  of  the 
profession. 

2.  Subparagraphs  g,  h,  and  i  of  paragraph  1  of  this  article 
shall  not  be  construed  as  affecting  articles  5065  or  5066. 

Section  5045.  1.  Any  person  desiring  to  study  dentistry 
in  this  Province  must  previously  have  passed  the  examina- 
tion for  admission  to  study  prescribed  by  the  Board  of 
Governors  of  the  Dental  Surgeons  of  the  Province  of  Quebec, 
but  all  bachelors  of  any  recognized  Canadian  or  British 
university  shall  be  admitted  to  study  dentistry  without  such 
examination. 

The  board  shall  appoint  the  necessary  examiners  and  indi- 
cate the  subjects  on  which  candidates  for  study  and  practice 
shall  be  examined. 

2.  The  candidate  may  then  enter  into  a  notarial  agreement 
with  a  licensed  dentist  of  this  province  practising  as  such  in 
a  regularly  established  office,  and  shall  deliver  a  copy  of  the 
said  indenture  to  the  secretary  of  the  board,  which  indenture 
the  secretary  shall  then  register. 

The  period  of  study  shall  begin  to  run  from  such  time 
and  the  whole  of  the  office  hours  of  such  candidate  must 
be  actually  employed  in  the  study  and  the  practice  of 
dentistry. 

The  candidate  may,  if  he  prefers,  not  enter  into  a  notarial 
indenture  with  a  dentist,  and  he  shall  then  follow  the  lectures 


QUEBEC  .  463 

and  clinics  prescribed  by  the  university  schools  recognized 
by  the  board  during  four  yearly  sessions  of  the  said  schools. 

3.  The  said  time  of  study,  including  the  necessary  courses 
of  lectures  and  clinics  established  by  the  board,  shall  be  the 
same  as  for  those  who  are  not  under  indenture. 

4.  During  such  time  the  student  shall  follow  such  courses 
of  lectures  and  clinics  as  may  be  prescribed  by  the  board. 

5.  Every  student  who  changes  his  patron  must  have  his 
indentures  transferred  to  his  new  patron  by  his  old  patron. 
Such  transfer  shall  be  made  before  a  notary  and  be  after- 
ward registered  by  the  secretary  of  the  board.  The  said 
transfer  shall  be  valid  only  from  the  date  of  the  registration 
thereof,  and  shall  confer  upon  the  student  all  the  privileges 
granted  by  law  to  a  student  of  dentistry.  The  time  between 
the  day  on  which  the  student  has  left  his  former  patron  and 
the  day  on  which  the  transfer  has  been  registered  shall  not 
count  in  the  term  of  study  of  such  student. 

6.  In  case  of  the  refusal  of  the  patron  to  transfer  the 
indentures,  the  student  may  appeal  to  the  board,  who  may 
make  the  transfer  if  they  see  fit. 

7.  In  case  of  the  death  of  the  patron,  the  student  must 
notify  the  fact  to  the  secretary  of  the  board  immediately. 
The  student  shall  have  two  months  in  which  to  find  another 
patron,  which  two  months  shall  not  be  deducted  from  the 
time  of  his  indentureship.  The  secretary,  upon  receipt  of 
the  notice,  shall  make  the  transfer  to  the  new  patron. 

8.  No  licentiate  of  dental  surgery  in  the  Province  of 
Quebec  shall  have  more  than  two  students  under  indenture 
at  one  and  the  same  time. 

Section  5046.  Instruction  in  dentistry  may  be  given  by 
the  school  of  dental  surgery  of  Laval  University,  and  the 
school  of  dental  surgery  of  McGill  University,  as  well  as  by 
any  university  legally  recognized  in  the  Province. 

The  college  and  each  of  such  schools  may  establish  dental 
infirmaries  and  regulate  the  management  thereof. 

Section  5047.  The  schools  mentioned  in  article  5046  are 
established  for  the  purpose  of  giving  to  dental  students  the 
lectures  and  clinical  instruction  prescribed  by  their  rules  and 


464     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

by-laws,  which  course  is  compulsory  on  all  candidates  who 
may  present  themselves  for  a  license  to  practise  dentistry  in 
the  Province, 

Section  5048.  The  examinations  for  university  degrees  in 
dental  surgery,  shall  be  held  in  the  presence  of  one  or  more 
assessors,  members  of  the  board  of  governors  or  licensed  to 
practise  dental  surgery,  appointed  for  that  purpose  by  the 
board. 

Such  assessor  or  assessors  shall  not  be  chosen  from  among 
the  teachers  in  the  schools  or  universities  giving  instructions 
in  dentistry. 

The  assessor  or  assessors  for  the  examinations  held  in  the 
city  of  Quebec  shall  be  chosen  from  among  the  dentists 
practising  in  that  city. 

The  assessors  shall  report  to  the  board  of  governors  upon 
the  character  of  such  examinations,  and  if  the  report  is 
unfavorable  to  any  of  the  candidates,  the  board  of  governors 
may  refuse  to  grant  the  admission  and  license,  mentioned  in 
article  5051,  to  those  candidates  whose  qualifications  have 
so  been  deemed  insufficient. 

Each  of  the  said  schools  and  universities  shall  notify  the 
secretary  of  the  college  of  the  time  when  and  place  where  the 
examinations  shall  be  held,  at  least  one  month  previous  to 
such  examinations. 

Section  5049.  Every  person  desirous  of  being  examined 
by  the  board  of  governors  touching  his  qualifications  for  the 
practice  of  dentistry  in  this  province,  shall,  at  least  one 
month  before  the  regular  meeting  of  the  board  in  April,  pay 
into  the  hands  of  the  treasurer  the  required  fee,  and  enclose 
and  deliver  to  the  secretary  the  treasurer's  receipt  for  the 
same,  together  with  a  certificate  establishing,  to  the  satis- 
faction of  the  board,  his  integrity  and  good  morals. 

If  the  board  is  satisfied  by  the  examination  that  such 
person  is  duly  qualified  to  practise  dentistry,  and  that  he  is 
a  person  of  integrity  and  good  morals,  it  shall,  subject  to  the 
rules,  regulations,  and  by-laws  of  the  said  college  and  board, 
grant  him  a  license  to  practise  dentistry  in  this  province,  and 
the  title  of  "Licentiate  of  Dental  Surgery." 


QUEBEC  465 

Section  5050.  1.  The  examinations  for  admission  to 
study  shall  be  held  twice  in  each  year,  on  the  first  Wednesday 
of  April  and  the  second  Wednesday  of  September,  and  for 
admission  to  practise  on  the  first  Wednesday  of  April  of  each 
year.  Nevertheless,  supplementary  examinations  for  admis- 
sion to  practise  may  be  held  on  the  second  Wednesday  of 
September  in  each  year,  notwithstanding  any  by-law  of  the 
college  in  force  on  the  twenty-ninth  of  May  1909. 

2.  The  secretary  shall  give  to  each  member  of  the  board 
of  governors  notice  of  each  meeting,  by  registered  letter, 
through  the  post  office,  fifteen  days  at  least  before  said 
meeting. 

3.  If  the  locality,  date,  and  hour  of  such  meeting  have  not 
been  fixed,  the  said  meeting  shall  be  held  at  the  place  where 
it  was  held  the  last  time,  and  at  the  corresponding  day  and 
hour. 

4.  Each  member  of  the  board  shall  be  entitled,  in  addition 
to  his  travelling  expenses,  for  each  examination  attended  by 
him,  to  a  fee  to  be  fixed  by  the  board,  but  which  shall  not 
exceed  five  dollars  per  sitting. 

5.  There  shall  be  a  vacancy  in  the  case  of  the  absence  of 
a  member  from  two  sittings  of  the  board  which  has  met  for 
the  purpose  of  holding  examinations. 

Sf:cTiON  5051.  Any  person  may,  however,  receive  from 
the  college,  without  any  further  examination  as  to  his  dental 
knowledge  or  skill,  a  license  to  practise  dentistry  in  this 
Province  and  the  title  of  Licentiate  of  Dental  Surgery  upon 
fulfilment  of  the  following  requirements: 

1.  He  must  have  obtained  at  least  the  degree  of  Master  of 
Dental  Surgery  from  any  school  or  university  mentioned  in 
article  504G  to  which  the  board  of  governors  has  appointed 
one  or  more  assessors,  provided  that  such  degree  is  obtained 
only  after  following  a  course  of  dentistry  of  four  yearly 
sessions  in  one  of  the  said  universities,  counting  from  the 
date  of  his  having  passed  the  examination  required  by  the 
board  of  governors  of  the  college,  of  candidates  for  admission 
to  the  study  of  dentistry,  and  according  to  the  curriculum  of 
study  prescribed  by  the  said  board  of  governors. 
30 


466     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

2.  He  must  at  least  one  month  before  the  regular  meeting 
of  the  said  board  held  in  April  as  prescribed  by  Article  5049, 
have  paid  to  the  treasurer  of  the  said  college  the  fee  required 
from  candidates  to  be  admitted  to  practise  dentistry,  and 
sent  the  receipt  therefor  to  the  secretary  of  the  said  college, 
together  with  a  certificate  attesting  to  the  satisfaction  of  the 
said  board,  his  integrity,  and  good  character. 

Section  5052.  Every  member  of  the  college  shall  pay  into 
the  hands  of  the  treasurer  of  the  college,  on  or  before  the 
third  day  of  September  in  every  year,  a  contribution  of  five 
dollars. 

Section  5053.  Any  member  of  the  college  neglecting  to 
pay  his  contribution,  after  a  sixty  days'  notice  given  to  him 
by  registered  letter  by  the  treasurer,  shall  be  disqualified 
from  voting,  and  shall  ipso  facto  lose  his  right  to  practise 
as  a  dentist  in  the  Province,  so  long  as  he  has  not  paid  the 
said  contribution  and  all  arrears,  and  may  be  sued  for  the 
recovery  of  the  said  contribution  and  arrears,  before  a 
court  of  competent  jurisdiction. 

Section  5054.  The  board  of  governors  upon  complaint 
in  writing  and  under  oath  taken  before  the  secretary  of  the 
board,  may  cause  to  appear  before  them  a  member  of  the  said 
college  charged  with  violation  of  the  by-laws  or  with  any 
act  derogatory  to  the  honor  or  the  dignity  of  the  profession, 
or  with  following  or  practising  a  trade  or  industry  incon- 
sistent with  the  said  profession. 

Section  5055.  1.  The  complaint  shall  state  summarily 
the  time,  place,  circumstances,  and  nature  of  the  offence. 

2.  The  secretary  shall  submit  the  said  complaint  immedi- 
ately to  the  board,  and  the  latter  may,  by  registered  letter, 
call  before  them,  both  the  complainant  and  defendant  for  a 
certain  fixed  day. 

3.  On  the  day  so  fixed,  the  board  may  hear  both  parties  or 
the  party  in  attendance,  and,  if  circumstances  allow,  may 
conciliate  and  reconcile  the  parties. 

4.  The  board  may  grant  or  refuse  permission  to  the  com- 
plainant to  proceed  with  his  case,  or  to  the  defendant  to  file 
a  counter-complaint  if  the  complainant  is  a  dentist  legally 
practising  his  profession. 


QUEBEC  467 

In  each  case  the  board  may  exact  from  the  party  author- 
ized to  prosecute,  a  deposit,  the  amount  whereof  shall  be 
determined  by  them,  and  which  shall  be  made  with  the 
treasurer  as  security  for  the  adverse  party's  costs.  The 
board  may,  according  to  circumstances,  dispense  with  any 
deposit. 

5.  Upon  the  said  permission  to  proceed  being  granted  and 
the  making  of  a  deposit,  if  any  be  required,  the  accused  shall 
be,  by  a  notice  signed  by  the  secretary,  called  upon  to  appear 
before  the  board  of  governors  at  the  place,  time,  and  hour 
when  the  complaint  will  be  heard  and  considered. 

G.  A  true  copy  of  the  said  notice  and  complaint,  certified 
by  the  secretary,  shall  be  served  upon  the  accused  by  a  bailiff 
of  the  superior  court  in  the  ordinary  manner,  fifteen  days  at 
least  before  that  fixed  upon  for  the  hearing  of  the  complaint, 
and  another  true  copy  of  the  complaint,  also  certified^  shall 
be  annexed  to  the  original  of  the  said  notice,  on  the  back 
whereof  the  bailiff  shall  make  his  return  under  his  oath  of 
office,  to  the  said  board  in  the  ordinary  manner. 

7.  A  notice,  informing  the  complainant  of  the  place,  date, 
and  hour  when  the  complaint  will  be  heard,  shall  also  be 
served  upon  the  complainant,  and  a  return  of  service  made 
according  to  the  delays  and  in  the  manner  hereinabove 
prescribed. 

8.  The  bailiff's  fees  shall  be  similar  to  those  he  would  be 
entitled  to  in  a  cause  before  the  Superior  Court. 

9.  Any  bailiff  who,  without  a  legitimate  reason,  refuses  or 
neglects  to  make  any  service  or  return  required  by  this  sec- 
tion, shall  be  liable  to  a  fine  of  not  less  than  forty  dollars  nor 
more  than  one  hundred  dollars,  recoverable  with  costs  in  the 
manner  prescribed  by  article  5067. 

Section  5056.  1.  The  accused  shall  be  bound  to  appear  in 
compliance  with  the  notice,  and  to  submit  immediately,  in 
reply  to  the  complaint  and  without  in  any  manner  delaying 
the  hearing  thereof,  a  defence  either  in  writing  or  verbally. 

2.  No  written  reply  to  the  defence  shall  be  admitted. 

3.  So  soon  as  the  accused  has  submitted  his  defence,  the 
taking  of  evidence  shall  commence  and  shall  be  continued 
from  day  to  day. 


468     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

4.  The  evidence  on  both  sides  being  completed,  the  parties 
shall  be  heard  upon  the  merits  of  the  complaint. 

5.  If  the  accused  makes  default  to  appear,  or,  if  appearing, 
he  fails  to  submit  a  defence,  the  complainant  shall  proceed 
to  the  proof  of  the  facts  alleged  in  his  complaint. 

In  the  latter  case,  the  accused  may  cross-examine  the 
complainant's  witnesses,  but  shall  not  produce  witnesses. 

6.  The  evidence  shall  be  taken  down  in  writing  by  an 
enquete  clerk,  or  a  stenographer,  at  the  discretion  of  the 
board  of  governors. 

7.  The  accused  may  cross-examine  the  complainant  on 
his  complaint,  and  give,  if  he  desires,  his  own  testimony. 
Both  in  that  case  shall  be  sworn. 

8.  The  accused  and  complainant  may  be  summoned  as 
witnesses  and  treated  as  such  in  all  respects  according  to  the 
provisions  of  this  section.  But  neither  of  them  nor  any  other 
witness  shall  be  bound  to  answer  questions,  if  he  swears  that 
his  answer  might  expose  him  to  a  criminal  prosecution. 

9.  The  secretary  shall  summon  to  appear  before  the  board, 
in  the  manner  prescribed  by  the  Code  of  Civil  Procedure, 
any  person  indicated  to  him  as  a  witness. 

10.  Every  person,  before  being  examined  as  a  witness  at 
the  trial,  shall  be  sworn  before  the  secretary  and  shall  be 
bound  to  answer  all  pertinent  questions  put  to  him. 

Any  person  who  without  lawful  excuse,  refuses  to  be  sworn 
or  to  answer  such  questions,  shall  incur,  for  each  such  refusal, 
a  fine  not  exceeding  forty  dollars  recoverable  with  costs  in 
the  manner  prescribed  by  article  5067. 

Section  5057.  1.  After  hearing  the  evidence  on  both 
sides,  the  board  may  dismiss  the  complaint  or,  according  to 
the  gravity  of  the  offence,  if  the  same  is  proved,  may  censure 
or  reprimand  the  accused  or  deprive  him  of  the  privilege  of 
attending  and  taking  part  in  the  meetings  of  the  members 
of  the  college  during  a  period  not  exceeding  three  years,  or 
suspend  him  from  the  practice  of  the  profession  in  this 
province  for  one  year. 

2.  If  judgment  is  not  rendered  at  once,  notice  of  the  day 
when  it  will  be  rendered  shall  be  given  by  the  secretary  to 
the  parties  concerned,  two  days  at  least  beforehand. 


QUEBEC  469 

3.  The  members  of  the  board  shall  deliberate  with  closed 
doors,  and  in  no  case  shall  any  difference  of  opinion  between 
them  be  communicated  to  the  public,  under  the  penalties 
imposed  by  paragraph  1  of  this  article. 

4.  All  decisions  of  the  board  shall  be  rendered  by  the 
majority  of  votes. 

When  the  final  decision  on  the  complaint  is  to  be  given, 
the  presence  of  all  the  members  who  have  heard  the  evidence 
shall  not  be  necessary.  The  decision  may  be  given  in  the 
presence  of  the  majority  of  the  sitting  members. 

The  final  decision  shall  be  registered  in  the  minutes  of  the 
college. 

Section  5058.  The  board  may  condemn  the  unsuccessful 
party  to  pay  such  costs  as  they  think  fit,  or  divide  the  costs, 
and  may  condemn  him  in  addition  to  pay  the  successful  party 
a  stated  sum  as  a  compensation  for  all  personal  expenses 
incurred  in  connection  with  the  complaint. 

Section  5059.  1.  Any  party  aggrieved  by  the  final  deci- 
sion rendered  by  the  board,  may  appeal  to  a  general  meeting 
of  the  members  of  the  college  or  to  the  courts. 

2.  The  said  meeting  shall  be  convened  without  delay  by 
the  secretary,  immediately  after  the  appeal  has  been  filed 
and  the  appellant  has  deposited  in  the  hands  of  the  treasurer 
a  sum  of  one  hundred  dollars  to  secure  the  payment  of  the 
expenses  to  be  incurred  by  the  holding  of  the  said  general 
meeting,  and  of  the  expenses  of  the  respondent. 

If  judgment  is  obtained  by  the  appellant  for  his  costs,  the 
expenses  of  the  general  meeting  shall  be  included  therein. 

In  lieu  of  such  deposit,  the  board  may  accept  security  in 
such  form  and  manner  as  they  may  think  fit. 

3.  For  the  purposes  of  the  appeal,  the  meeting  shall  elect 
a  president  and  a  secretary. 

The  president,  in  addition  to  his  ordinary  vote,  shall  have 
a  casting  vote. 

4.  Notice  of  the  appeal  before  the  meeting  shall  be  given 
within  the  fifteen  days  following  the  decision  of  the  board, 
and  filed  with  the  secretary  within  the  thirty  days  following 
the  decision. 


470     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

The  filing  of  the  appeal,  accompanied  with  the  deposit  or 
security,  as  the  case  may  be,  shall  suspend  the  sentence  of  the 
board  until  the  general  meeting  has  decided  upon  the  appeal. 

5.  Notice  of  the  date,  hour,  and  place  of  the  holding  of  the 
said  meeting  shall  be  addressed  by  the  secretary  to  the  ap- 
pellant, to  the  respondent,  and  to  all  members  of  the  college 
qualified  to  attend  the  same. 

The  meeting  shall  not  be  held  until  after  ten  days  following 
the  mailing  of  the  notice  at  the  post-office. 

6.  The  secretary  shall  transmit  the  record  of  the  complaint 
to  the  general  meeting. 

7.  The  decisions  of  the  general  meeting  shall  be  rendered 
by  a  majority  of  the  votes,  in  the  same  form  and  manner  as 
the  decisions  of  the  board  of  governors,  if  forty  members  at 
least  are  present  at  the  same;  and  in  case  a  smaller  number  of 
members  attend,  if  twenty-five  of  them  assent  to  the  decision 
appealed  from. 

8.  Neither  the  appellant  nor  the  respondent  shall  attend 
the  meeting. 

9.  No  other  evidence  than  the  written  depositions  taken 
at  the  trial  before  the  board  of  governors  shall  be  admitted 
on  the  appeal;  and  no  witnesses  shall  be  examined. 

10.  The  general  meeting  may  either  unconditionally  con- 
firm the  decision  of  the  board,  or  give  the  decision  which  the 
said  board  ought  to  have  rendered,  and  adjudge,  both  as  to 
the  costs  in  the  first  instance  and  those  of  the  appeal,  in  such 
manner  as  it  may  deem  equitable. 

11.  The  decision  of  the  general  meeting,  as  well  on  the 
merits  of  the  appeal  as  upon  the  amount  of  costs  adjudged 
as  aforesaid,  shall  be  final,  and  shall  not  be  invalidated, 
annulled,  or  revised  by  any  court  of  justice,  not  even  by 
certiorari. 

12.  The  decision  of  the  general  meeting,  together  with  the 
record,  shall  immediately  be  transmitted  by  its  secretary  to 
the  secretary  of  the  board  of  governors. 

In  all  cases,  such  decision  shall  be  registered  in  the  register 
of  the  board  of  governors  and  shall  be  executed  as  if  it  had 
been  rendered  by  the  board. 


QUEBEC  471 

13.  The  secretary  of  the  general  meeting  shall  immediately 
transmit  to  the  treasurer  of  the  college,  with  the  balance  of 
the  deposit,  if  any  remains,  a  detailed  memorandum  certified 
by  himself  of  the  costs  adjudged  against  any  of  the  parties 
on  the  appeal;  and  out  of  the  said  balance  so  remaining  the 
treasurer  shall  indemnify  the  person  entitled  to  the  same 
both  by  reason  of  the  decision  of  the  board  and  of  the  general 
meeting. 

Section  5060.  1 .  If  a  party  fails  to  pay  the  costs  adjudged 
against  him,  within  fifteen  days  from  the  date  of  the  final 
decision  of  the  board  of  governors  if  there  has  been  no  appeal, 
or  of  the  general  meeting  if  an  appeal  has  been  taken,  the 
party  to  whom  the  said  costs  are  due  may  obtain  from  the 
Superior  Court  of  the  district  where  the  complaint  has  been 
made,  an  execution  against  the  movable  or  immovable 
property  of  the  person  condemned  to  pay  the  same,  by 
depositing  in  the  office  of  the  prothonotary  of  the  court  a 
detailed  statement  of  such  costs,  duly  certified  by  the 
secretary  of  the  board,  together  with  a  copy,  under  the  seal 
of  the  college  and  certified  by  the  secretary,  of  the  judgment 
condemning  the  party  to  pay  the  same. 

No  such  execution  shall  issue  against  immovables  unless 
the  amount  of  the  costs  to  be  recovered  exceeds  forty  dollars. 

2.  In  addition  to  the  execution  last  above  mentioned  to 
which  he  shall  be  liable,  if  the  party  in  default  to  pay  the 
costs  or  any  other  sum  adjudged  against  him  is  a  dentist, 
his  name  may  be  struck  oft'  the  roll  of  members  of  the  college, 
and  he  shall  from  that  moment  be  deprived  of  the  right  to 
practise  the  profession  in  this  Province. 

He  may  have  his  name  reinscribed  and  resume  practice,  by 
paying  the  sums  adjudged  against  him  and  all  costs  incurred 
through  his  default. 

Section  5061.  Any  dentist  found  guilty  before  any  court 
of  competent  jurisdiction,  of  indecent  practices  in  the  exer- 
cise of  his  profession,  or  of  any  indictable  oft'ence  under  the 
criminal  code,  or  who  is  a  person  civilly  interdicted,  or  is 
deprived  of  any  of  his  civil  rights,  shall  lose  ipso  facto  the 
right  of  practising  as  a  dentist  within  this  Province. 


472     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  5062.  The  board  shall  cause  his  name  to  be 
struck  off  the  roll  of  the  members  of  the  college  so  soon  as  it 
is  informed  of  his  disqualification. 

The  board  may,  nevertheless,  upon  petition  of  any  dentist 
whose  name  has  been  so  struck,  replace  the  said  member's 
name  upon  the  said  roll,  on  such  conditions  as  it  may  think 
proper. 

Section  5063.  Whosoever  not  being  a  licensed  physician 
and  surgeon,  and  not  being  a  holder  of  a  license  as  a  dentist 
legally  granted  by  the  board  of  governors  and  whose  name 
has  not  been  registered  as  a  member  of  the  college : 

(a)  practises  in  the  Province  as  a  dentist; 

(b)  attempts  to  evade  the  law; 

(c)  falsely  pretends  that  he  is  registered  as  a  dentist,  or 
that  he  is  the  holder  of  a  license  granted  by  virtue  of  the  law, 
or  who  makes  use  falsely  of  a  name,  title,  or  quality,  or  places 
before  or  after  his  name  letters  or  signs,  of  a  description  to 
induce  the  belief  that  he  is  duly  authorized  to  practise  as  a 
dentist,  or  who  makes  use  of  a  title  of  such  a  style  as  to 
induce  the  belief  that  he  has  obtained  any  diploma  or  degree 
from  any  college  of  dentistry,  or  who  makes  use  of  any  sign, 
title,  or  indication  whatsoever  so  as  to  induce  the  belief  that 
he  has  obtained  such  degree  or  diploma; 

(d)  without  being  previously  registered  as  a  dentist  and 
without  a  license  granted  as  aforesaid,  practises  for  a  remu- 
neration or  in  the  hope  of  being  rewarded,  remunerated,  or 
paid,  directly  or  indirectly,  under  the  name  of  a  licensed 
dentist; 

(e)  without  being  registered  and  licensed,  practises  den- 
tistry for  a  remuneration  or  with  the  hope  of  being  directly 
or  indirectly  rewarded,  in  the  office  or  under  the  patronage 
of  a  physician  or  surgeon  of  this  province  not  duly  authorized 
to  practise  as  a  dentist; 

(/)  after  being  suspended  from  the  exercise  of  the  dental 
profession  by  the  board  of  governors,  or  after  being  struck 
off  the  roll  of  dentists  by  the  said  board  without  his  name 
having  been  regularly  replaced  thereon,  practises  dentistry; 
shall  be  liable  to  a  fine  of  not  less  than  twenty-five  dollars 


QUEBEC  473 

nor  more  than  one  hundred  dollars  for  the  first  offence,  of  not 
less  than  fifty  dollars  nor  more  than  one  hundred  and  seventy- 
five  dollars  for  the  second  offence,  and  of  not  less  than  one 
hundred  dollars  nor  more  than  three  hundred  dollars  for 
each  subsequent  offence,  to  be  recovered  with  costs  of  suit 
in  the  manner  prescribed  by  article  5067. 

Section  5064,  No  licentiate  shall  keep  open  more  than 
one  dental  office,  unless  each  additional  office  be  under  the 
direct  control  and  attendance  of  a  registered  dental  licentiate 
of  this  Province  actually  in  practice. 

Section  5065.  It  shall  be  unlawful  for  any  student,  or 
other  than  a  dental  licentiate  of  this  Province  actually  in 
practice,  to  take  charge  of  an  office  or  act  before  the  public 
in  the  capacity  of  a  regular  dentist,  or  for  a  licentiate  to 
represent  to  the  public  that  such  person  is  qualified  and 
entitled  to  so  act:  Provided,  That  this  article  shall  not  pre- 
vent any  duly  indentured  and  registered  student  of  dentistry 
from  receiving  clinical  instruction  and  practice  under  the 
supervision  of  a  dental  licentiate  of  this  Province. 

Section  5066.  1.  Every  licensed  dentist  may,  in  the  one 
dental  office  which  he  may  keep,  have  as  an  assistant  under 
his  actual  supervision,  a  dentist  holding  a  diploma  from  a 
dental  college  in  good  repute  of  this  Province  or  elsewhere. 

2.  Such  licensed  dentist  may  also  employ  Avorkmen  in 
dentistry  in  the  office  which  such  dentist  is  authorized  to  keep. 

3.  Such  assistant  and  workmen  shall  not  personally  receive 
any  fees  or  remuneration,  directly  or  indirectly,  unless  for 
the  person  employing  them. 

Sections  5067  to  5071.     Prosecutions;  Procedure. 

Section  5072.  In  all  civil  prosecutions,  and  in  any  prose- 
cution under  articles  5063,  5065,  or  5066,  it  shall  be  incum- 
bent on  the  defendant  to  prove  that  he  had  the  right  to 
practise  as  a  surgeon-dentist  in  the  Province,  and  that  he  had 
the  right  to  assume  the  title,  name,  and  quality,  or  to  use  the 
letters,  signs,  or  indications  which  he  is  charged  with  illegally 
using  and  assuming. 

Section  5073.  When  proof  of  registration  or  want  of  regis- 
tration is  required  under  this  section,  a  copy  or  an  extract 


474     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

from  the  register,  or  the  books  of  the  college,  under  the  seal 
of  the  same  and  the  signature  of  the  secretary,  shall  be 
sufficient  evidence  of  the  contents  of  the  said  copy  or  extract, 
without  its  being  necessary  to  produce  the  original. 

Section  5074.  No  person  illegally  following  the  profession 
of  a  dentist  shall  be  entitled  to  recover,  before  any  court  of 
justice,  any  sum  of  money  for  his  professional  services,  drugs, 
or  articles  so  rendered,  sold,  and  supplied. 

Section  5075.  1.  In  default  of  immediate  payment  of  the 
fine  and  costs  imposed,  the  defendant  shall  be  imprisoned, 
for  not  less  than  three  months  nor  more  than  six  months,  in 
the  common  gaol  of  the  district  where  the  sentence  has  been 
rendered,  unless  such  fine  and  costs  be  sooner  paid. 

2.  The  functionary  or  court  by  whom  the  judgment  is 
pronounced  may,  however,  instead  of  ordering  the  immediate 
imprisonment  of  the  defendant,  grant  him  a  delay,  or  order 
the  seizure  and  sale  of  his  movable  and  immovable  property 
for  the  discharge  of  the  fine  and  costs  aforesaid  and  of  all 
subsequent  costs. 

3.  If,  at  the  expiration  of  the  delay  granted,  the  said 
fine  and  costs  are  not  paid,  or  if  the  sale  of  the  said  property 
of  the  defendant  has  not  been  sufficient  to  pay  the  said  fine 
and  costs,  the  said  defendant  shall,  in  any  of  such  cases,  be 
imprisoned  in  the  said  gaol  for  not  less  than  three  months 
nor  more  than  six  months,  unless  the  amount  of  the  fine  and 
costs,  and  all  subsequent  costs  incurred  through  his  default, 
be    sooner   paid. 

Section  5076.  Any  person  so  imprisoned  may,  in  any 
case,  be  set  free  upon  payment  of  the  fine  and  costs,  and 
of  all  costs  subsequent  to  his  condemnation,  including 
the  expense  of  his  removal  to  gaol,  or,  in  case  of  the 
sale  of  his  goods,  upon  payment  of  the  balance  remaining 
due. 

The  total  sum  to  be  paid  for  the  discharge  of  the  person  so 
imprisoned,  must,  in  all  cases,  be  mentioned  on  the  back  of 
the  writ  of  commitment. 

Sections  5077  and  5078.    Application  of  fines. 

Section  5079.    Service  upon  corporation. 


SASKA  TCHEWAN  475 

Section  5080.  Certain  schools  of  dental  surgery  declared 
to  be  corporations. 

Section  5081.  Saving  the  privileges  conferred  upon 
physicians  and  surgeons  by  the  laws  of  this  Province,  no 
person  shall  carry  on  the  profession  of  a  dentist  in  the 
province  without  a  license  issued  by  the  college  of  dental 
surgeons  of  the  province  of  Quebec,  under  penalty  of  the 
fine  enacted  by  article  5063,  which  shall  be  recoverable  as 
mentioned  in  article  5067. 

Saving  the  said  privileges,  any  physician  or  surgeon  legally 
holding  a  license  in  virtue  of  the  laws  of  this  Province  and 
authorized  as  such  therein,  who  desires  to  practise  as  a 
dentist  and  to  make  himself  known  publicly  as  such,  must 
previously  obtain  a  license  from  the  board  of  governors  of  the 
college  by  passing  an  examination  upon  the  mechanical  and 
operative  part  of  dental  surgery,  and  pay  the  fee  fixed  by  the 
regulations  for  the  obtaining  of  the  said  license. 

Section  5082.  The  privileges  and  exemptions  conferred 
upon  physicians  and  surgeons  by  the  laws  of  this  province 
are  hereby  granted  to  licensed  dentists. 

Section  5083.    Treasurer  may  act  as  secretary. 

Section    5084.      Interpretation. 


SASKATCHEWAN 

1909,  Revised  Statutes,  Chap.  108,  p.  1681. 

Section  1.  This  act  may  be  cited  as  "The  Dental  Pro- 
fession Act." 

Section  2.  In  and  for  the  province  there  shall  be  a 
college  of  dental  surgeons  hereinafter  called  "the  college,"  con- 
sisting of  the  members  of  the  College  of  Dental  Surgeons  of 
the  Northwest  Territories  and  all  persons  who  may  hereafter 
become  members  of  the  college  as  herein  provided,  and  the 
members  of  the  college  are  hereby  constituted  a  body  cor- 
porate under  the  name  of  "  The  College  of  Dental  Surgeons  of 
Saskatchewan"  and  shall  have  perpetual  succession  and  a 
common  seal  with  power  to  sue  and  be  sued  and  to  acquire. 


476     STATUTES  REGULA TING  PRA CTICE  OF  DENTISTRY 

hold,  and  dispose  of  real  and  chattel  property  for  the  purposes 
of  the  college. 

Section  3.  The  following  persons  shall  upon  payment  of 
all  fees  required  to  be  paid  for  that  purpose  be  entitled  to  be 
registered  as  members  of  the  college  and  to  receive  a  certifi- 
cate of  license  to  practise  dentistry  and  dental  surgery  in 
the  Province  which  license  shall  be  in  form  A  in  the  schedule 
to  this  act: 

(a)  Any  person  who  having  been  articled  and  employed 
as  a  student  to  a  member  of  the  college  of  dental  surgeons  of 
the  Northwest  Territories  or  who  hereafter  may  become  so 
articled  or  employed  to  and  by  a  member  of  the  college  and 
who  shall  have  served  the  term  and  shall  have  passed  such 
examination  as  required  by  the  council  of  the  college; 

(h)  Any  person  who  is  a  graduate  of  any  school  or  college 
of  dentistry  of  any  of  the  provinces  of  Canada  which  said 
school  or  college,  as  the  case  may  be,  has  authority  by  the 
provisions  of  any  statute  of  the  Parliament  of  Canada  or  of 
the  legislature  of  any  of  said  provinces  to  grant  certificates  of 
license  or  diplomas  to  practise  dentistry  and  dental  surgery 
and  who  having  produced  such  evidence  as  the  council  may 
require  of  such  qualifications  as  aforesaid  and  who  has  passed 
the  final  examinations  prescribed  by  the  council  for  registra- 
tion under  this  act; 

(c)  Any  person  who  is  a  member  or  graduate  of  any  asso- 
ciation, school,  or  college  in  the  United  Kingdom  of  Great 
Britain  and  Ireland  which  said  association,  school,  or  college 
is  by  the  law  of  the  said  the  United  Kingdom  of  Great 
Britain  and  Ireland  empowered  to  grant  a  license  or  diploma 
to  practise  dentistry  and  dental  surgery  and  who  shall  satisfy 
the  council  of  such  qualifications  and  pass  the  final  examina- 
tions prescribed  by  the  council  for  registration  under  this 
act; 

(d)  Any  person  who  is  a  graduate  of  any  recognized  school 
or  college  of  dentistry  in  any  state  of  the  United  States  of 
America  and  who  shall  satisfy  the  council  of  such  qualifica- 
tions and  pass  the  final  examinations  prescribed  by  the 
college  for  registration  under  this  act; 


SASKATCHEWAN  477 

(e)  Any  person  who  produces  a  certificate  of  qualification 
from  the  Dominion  Dental  Council  to  practise  dentistry  and 
dental  surgery. 

Section  4.  No  person  shall  be  entitled  to  be  registered 
under  the  provisions  of  this  act  unless  and  until  such  person 
satisfy  the  council  that  he  is  a  person  of  good  moral  character. 

Section  5.  No  person  shall  be  registered  under  the  pro- 
visions of  this  act  unless  such  person  be  of  the  full  age  of 
twenty-one  years. 

Section  6.  The  business  of  the  college  shall  be  transacted 
and  carried  on  by  a  council  herein  called  "the  council,"  con- 
sisting of  five  members  of  said  college  in  good  standing,  who 
shall  be  resident  in  the  Province  at  the  time  of  their  election 
and  who  shall  except  as  hereinafter  provided  hold  office  for  a 
period  of  two  years  from  the  date  of  their  election  or  until 
their  successors  are  elected. 

Section    7.    First  election. 

Section    8.    Annual  election. 

Section    9.    Who  qualified  to  vote. 

Section  10.    Mode  of  voting. 

Section  11.    Counting  ballots. 

Section  12.    Equality  of  votes. 

Section  13.    Spoiled  ballots. 

Section  14.    Disposition  of  ballot  papers. 

Section  15.    Objection  to  ballots. 

Section  16.    Resignation  of  members  of  council. 

Section  17.    Filling  vacancies  in  council. 

Section  18.    Pubhcation  of  notice  of  election  of  council. 

Section  19.    Protested  election. 

Section  20.    Election  of  officers. 

Section  21.    Time  of  meeting. 

Section  22.  The  council  shall  have  powder  to  conduct  final 
or  intermediate  examinations  of  students  and  applicants  for 
registration  and  to  transact  such  other  business  in  connection 
with  the  college  as  may  properly  be  brought  before  them. 

Section  23.    Quorum, 

Section  24.  Subject  to  the  provisions  of  this  act  the 
council  shall  have  power  to  make  such  by-laws,  rules,  and 


478     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

regulations  as  may  be  necessary  for  the  better  guidance, 
government,  discipline,  and  regulation  of  the  council  and  of 
the  practice  of  dentistry  and  for  the  carrying  out  of  the 
provisions  of  this  act. 

Section  25.  The  council  shall  have  authority  to  make 
regulations  respecting  preliminary  examination  or  the 
matriculation  of  all  students  entering  upon  the  study  of  the 
profession  of  dentistry  in  the  province  and  to  accept  in  lieu 
of  such  matriculation  or  preliminary  examination  any  other 
satisfactory  examination  and  to  fix  and  determine  the  period 
for  which  such  students  shall  be  articled  to  and  employed 
under  a  member  of  the  college  and  to  prescribe  the  curriculum 
of  such  students,  the  intermediate  and  final  examinations 
to  be  passed  by  such  students  to  entitle  them  to  registration 
under  this  act  and  to  make  all  such  regulations  and  rules  as 
may  be  necessary  for  the  conduct  of  such  examinations: 

Provided,  always,  however,  That  any  person  who  at  the  time 
of  the  coming  into  force  of  this  act  is  regularly  articled  to  any 
member  of  the  college  of  dental  surgeons  of  the  Northwest 
Territories  in  active  practice  shall  upon  the  approval  of 
the  council  be  deemed  to  have  matriculated  or  passed  the 
preliminary  examination. 

Section  26.  The  matriculation  or  preliminary  examina- 
tion provided  in  the  next  preceding  section  shall  be  passed 
by  all  persons  applying  to  be  admitted  as  students  of  den- 
tistry prior  to  becoming  articled  as  any  member  of  the 
college: 

Provided,  That  a  certificate  from  any  university  in  the 
Dominion  of  Canada  established  by  authority  of  any  act  of 
the  Parliament  of  Canada  or  of  the  legislature  of  any  province 
that  the  applicant  has  passed  the  matriculation  examination 
prescribed  by  the  curriculum  of  any  such  university  shall  be 
accepted  in  lieu  of  the  preliminary  examination  or  matricu- 
lation required  by  this  act. 

Section  27.  The  matriculation  or  preliminary  examina- 
tion for  the  admission  of  students  shall  be  held  at  such  times 
and  places  in  each  and  every  year  as  may  be  determined  by 
the  council,  and  all  persons  desiring  to  be  so  examined  by 


SASKA  TCHE  WA  .V  479 

the  council  shall  notify  the  secretary-treasurer  of  his  desire 
to  be  examined  and  pay  to  the  secretary-treasurer  the  fees 
required  for  such  examination. 

Section  2S.  The  council  shall  also  have  power  to  examine 
candidates  applying  for  a  license  under  the  provisions  of 
Section  3  of  this  act  and  to  make  all  regulations  necessary  for 
the  conduct  of  such  examinations  and  to  appoint  such  times 
and  places  therefor  as  they  may  deem  fit. 

Section  29.  Every  person  who  is  desirous  of  taking  the 
final  examination  of  the  council  shall  notify  the  secretary- 
treasurer  of  the  council  and  shall  pay  to  the  said  secretary- 
treasurer  the  fee  required  for  such  examination  and  furnish 
such  secretary-treasurer  with  evidence  of  his  qualification  as 
provided  in  Section  3  hereof. 

Section  30.  The  council  shall  have  also  power  and  author- 
ity to  appoint  a  board  of  examiners  to  examine  all  candidates 
for  preliminary,  intermediate,  or  final  examinations  which 
said  board  shall  be  governed  by  the  regulations  of  the 
council  and  shall  report  the  result  of  such  examinations  to 
the  council. 

Section  31.  1.  The  council  may  from  time  to  time  fix 
and  determine  the  annual  registration  fee  to  be  paid  by 
the  members  of  the  college. 

2.  There  shall  be  payable  to  the  college  by  students  and 
persons  applying  for  a  license  the  following  fees  and  no  others: 

(a)  For  each  matriculation  or  preliminary  exami- 

nation      \      .      .  $10.00 

(b)  For  each  intermediate  examination     .      .      .  10 .  00 

(c)  For  each  final  examination 25 .  00 

(d)  For  registration  of  license         50 .  00 

Section  32.    Salaries  of  officers. 

Section  33.  The  council  shall  cause  to  be  kept  by  the 
secretary  a  register  in  the  form  B  in  the  schedule  to  this  act 
in  which  he  shall  enter  the  names  of  all  members  of  the 
College  of  Dental  Surgeons  of  the  Northwest  Territories  on 
the  twenty-sixth  day  of  ^lay,  1906,  and  from  time  to  time 
the  names  of  all  persons  who  having  complied  with  the  pro- 
visions of  this  act  and  of  the  rules,  regulations,  and  b\-laws 


480     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

made  thereunder,  are  entitled  to  receive  a  license,  and  those 
persons  only  whose  names  are  inscribed  in  such  register  shall 
receive  the  annual  license  as  hereinafter  provided,  and  such 
register  shall  be  open  to  inspection  at  all  times. 

Section  34.  Every  person  who  applies  to  have  his  name 
entered  in  the  register  may  appeal  to  the  council  of  the 
college  from  any  decision  of  the  secretary  and  the  council 
shall  hear  the  appeal  and  determine  the  matters  in  question. 

Section  35.  Every  person  who  becomes  articled  to  any 
member  of  the  college  under  and  by  virtue  of  the  provisions 
of  this  act  shall  within  one  month  after  the  entering  into  of 
such  articles  of  indenture  deposit  with  the  secretary  treasurer 
of  the  college  a  copy  of  said  articles  of  indenture,  and  said 
secretary  shall  thereupon  enter  the  name  of  such  person  as  a 
student  in  dentistry  in  the  register  of  students  which  shall 
be  kept  by  the  said  secretary  and  shall  be  in  form  E  in  the 
schedule  to  this  act;  every  student  whose  articles  of  inden- 
ture are  assigned  by  one  member  of  the  college  to  another 
member  thereof  shall  within  one  month  after  the  date  of 
such  assignment  deposit  with  the  secretary  a  copy  of  such 
assignment  and  the  secretary  shall  note  in  the  register  of 
students  the  date  of  such  assignment  and  the  name  of  the 
member  of  the  college  to  whom  such  articles  are  so  assigned. 

Section  36.  Every  member  of  the  college  in  active  prac- 
tice in  the  province  shall  on  or  before  the  fifteenth  day  of 
January  in  every  year  pay  to  the  secretary-treasurer  of  the 
college  the  annual  registration  fee,  and  every  person  who  sub- 
sequent to  the  fifteenth  day  of  January  receives  a  license  to 
practise  shall  before  entering  upon  active  practice  pay  such 
registration  fee. 

Section  37.  Upon  receipt  of  the  annual  registration  fee 
the  secretary  shall  forthwith  issue  to  the  person  from  whom 
such  fee  is  received  a  license  to  practise  the  profession  of 
dentistry  and  dental  surgery  for  the  year  in  respect  of  which 
such  fee  is  paid,  which  certificate  shall  be  in  form  C  in  the 
schedule  to  this  act  and  shall  be  sealed  with  the  corporate 
seal  of  the  college  and  signed  by  the  president  and  secretary, 
thereof  and  such  license  shall  be  'prima  facie  evidence  in  all 


SASKATCHEWAN  481 

courts  of  the  Province  and  in  all  proceedings  of  whatsoever 
kind  or  description  that  the  person  named  therein  is  duly 
licensed  to  practise  dentistry. 

Section  38.  It  shall  be  the  duty  of  the  secretary  of  the 
college  immediately  after  the  fifteenth  day  of  January  in 
each  and  every  year  to  prepare  an  annual  register  in  form 
D  in  the  schedule  to  this  act,  and  such  register  shall  contain 
the  names  and  addresses  of  all  members  of  the  college  who 
have  paid  the  annual  registration  fee  and  shall  cause  the 
same  to  be  printed,  and  a  copy  of  such  register  shall  be  sent 
to  each  and  every  member  of  the  college. 

Section  39.  Any  person  whose  name  is  omitted  from  the 
annual  register  by  the  secretary  may  appeal  from  the  decision 
of  the  secretary  to  the  council,  and  the  council  may  hear  such 
evidence  as  may  be  adduced  and  give  such  decision  as  the 
nature  of  the  case  may  require. 

Section  40.  If  at  any  time  it  shall  be  proved  to  the  satis- 
faction of  the  council  that  the  name  of  any  person  has  been 
improperly  inserted  in  the  annual  register  such  name  may  be 
erased  therefrom  by  the  council. 

Section  41.  Any  person  who  has  applied  for  registration 
under  the  provisions  of  this  act  or  for  an  annual  certificate 
and  whose  application  has  been  refused  or  whose  name  has 
been  removed  by  the  council  from  the  annual  register  as 
in  the  next  preceding  section  mentioned  may  at  any  time 
within  six  months  from  the  date  of  the  refusal  of  such  appli- 
cation or  such  erasure  appeal  to  a  judge  of  the  supreme  court 
for  such  relief  as  the  nature  of  the  case  may  require;  and  such 
judge  shall  appoint  a  time  and  place  for  hearing  said  appeal 
and  cause  due  notice  thereof  to  be  given  to  all  parties  inter- 
ested, and  such  judge  may  hear  any  evidence  which  may  be 
adduced  and  make  such  order  as  the  nature  of  the  case  may 
require  and  such  judge  shall  also  have  power  to  make  such 
order  as  to  payment  of  costs  as  shall  be  just. 

Section  42.  All  persons  who  have  received  a  license  to 
practise  under  this  act  and  who  have  paid  the  annual  regis- 
tration fee  and  no  other  shall  be  entitled  to  practise  the 
profession  of  dentistry  and  dental  surgery  in  this  Province. 
31 


482     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  43.  No  person  shall  be  entitled  to  sue  for  or  to 
recover  in  any  court  in  the  Province  any  fee  or  remuneration 
of  any  sort  or  description  in  respect  of  any  professional  ser- 
vices rendered  or  materials  provided  by  such  person  in  the 
exercise  or  practice  of  the  profession  of  dentistry  or  dental 
surgery  unless  such  person  holds  from  the  college  a  license  to 
practise  dentistry  and  dental  surgery  in  the  Province  at  the 
time  such  services  are  rendered  or  materials  provided : 

Provided,  however,  That  nothing  in  this  section  shall  prevent 
any  person  from  suing  for  and  recovering  in  the  supreme 
court  of  Saskatchewan  or  in  any  court  of  the  Province  hav- 
ing jurisdiction  any  amount  or  amounts  which  he  would  be 
lawfully  entitled  to  sue  for  and  to  recover  for  any  professional 
services  performed  or  rendered  by  him  or  materials  provided 
by  such  person  in  the  exercise  or  practice  of  the  profession  of 
dentistry  or  dental  surgery  prior  to  the  coming  into  force  of 
this  act  and  which  such  person  would  be  entitled  to  sue  and 
recover  under  and  by  virtue  of  the  provisions  of  any  act. 

Section  44.  Every  person  who  has  been  licensed  as  herein 
provided  shall  be  entitled  to  demand,  sue  for,  and  recover  in 
any  court  of  the  Province  having  iurisdiction  with  such  costs 
as  are  by  such  court  allowed  the  reasonable  charges  of  such 
person  for  professional  aid,  advice,  and  visits  and  the  cost  of 
any  medicine,  material,  or  surgical  appliances  supplied  while 
such  person  was  so  licensed. 

Section  45.  Any  person  licensed  as  herein  provided  who 
has  made  default  in  payment  of  the  annual  registration  fee 
in  any  year  or  years  and  whose  name  has  by  reason  of  such 
non-payment  been  omitted  from  the  annual  register  upon 
payment  to  the  secretary-treasurer  of  the  college  of  the  annual 
registration  fee  for  the  then  current  year  and  for  each  and 
every  year  in  which  default  has  been  made  as  aforesaid  and 
upon  such  payment  being  made  the  secretary-treasurer  shall 
issue  to  such  person  an  annual  license  for  the  then  current 
year. 

Section  46.  The  council  of  the  college  shall  have  iuris- 
diction and  authority  to  hear  and  determine  any  charge  or 
complaint  which  any  person  or  persons  may  make  against 


SASKATCHEWAN  483 

any  member  of  the  college  in  respect  of  the  breach  or  viola- 
tion by  such  member  of  any  of  the  by-laws,  rules,  or  regula- 
tions of  the  council  for  the  government,  regulation,  and 
direction  of  the  members  of  the  college  or  in  respect  of  mal- 
practice by  any  member  of  the  college  and  upon  receipt  by 
the  council  of  any  complaint  as  aforesaid,  the  council  shall 
fix  a  time  and  place  for  the  hearing  of  such  complaint,  of 
which  time  and  place  the  member  against  whom  such  charge 
is  made  and  the  person  or  persons  making  such  charge  shall 
have  due  notice  and  at  the  time  and  place  so  fixed  the  council 
shall  meet  and  hear  such  evidence  as  may  be  adduced,  and  if 
the  said  charge  or  complaint  be  found  to  be  proved  against 
such  member  the  council  may  suspend  such  member  from 
the  practice  of  dentistry  or  dental  surgery  in  the  Province 
for  such  period  as  they  may  see  fit  or  may  cancel  and  annul 
the  license  of  such  member  and  erase  his  name  from  the 
register  of  the  college: 

Provided,  however,  That  such  member  so  suspended  or  whose 
license  shall  be  cancelled  as  herein  provided  may  be  rein- 
stated by  the  council  and  the  said  license  and  all  rights  and 
privileges  thereunder  fully  renewed  and  restored  by  the 
council  in  such  manner  and  upon  such  conditions  and  terms 
as  the  council  shall  see  fit. 

Section  47.  The  person  against  whom  any  such  complaint 
is  made  together  with  the  person  or  persons  preferring  the 
same  or  the  council  may  obtain  from  the  clerk  of  the  supreme 
court  of  Saskatchewan  a  subpoena  ad  testificandum  or  a  sub- 
pcena  duces  tecum  requiring  the  attendance  of  any  witness  or 
witnesses  before  the  council  at  the  hearing  of  such  complaint. 

Section  48.  Any  person  suspended  from  the  practice  of 
the  profession  of  dentistry  or  whose  license  has  been  can- 
celled and  whose  name  has  been  erased  from  the  register  of 
the  college  by  the  council  as  herein  provided  may  at  anj' 
time  within  six  months  after  the  date  of  the  order  of  the 
council  appeal  to  a  judge  of  the  supreme  court  for  such  relief 
as  the  nature  of  the  case  may  require  and  the  judge  to  whom 
sipch  appeal  has  been  taken  shall  after  due  notice  to  all  parties 
concerned  hear  said  appeal  and  may  make  such  order  as  to 
the  restoration  of  the  name  of  the  appellant  or  confirming 


484     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

such  erasure  or  for  further  inquiries  into  the  facts  of  the  case 
by  the  council  and  may  also  make  such  order  as  to  costs  as 
shall  be  just. 

Section  49.    Costs  on  frivolous  or  vexatious  complaints. 

Section  50.  Any  person  not  holding  a  license  to  practise 
dentistry  and  dental  surgery  in  the  Province  and  who  has  not 
paid  the  annual  fees  to  be  paid  by  such  member  in  any  year 
as  hereinbefore  provided,  who  shall  within  the  Province 
practise  the  profession  of  dentistry  or  dental  surgery  either 
publicly  or  privately  for  hire,  gain,  or  hope  of  reward,  or  who 
shall  wilfully  and  falsely  pretend  and  hold  himself  out  to  be 
duly  qualified  to  practise  dentistry  in  the  Province  and  as- 
sume any  title,  addition,  or  description  implying  or  calculated 
to  imply  or  to  lead  the  public  to  infer  or  believe  the  person 
so  assuming  or  holding  out  to  be  duly  qualified  shall  be  liable 
upon  summary  conviction  by  a  justice  of  the  peace  or  police 
magistrate  to  a  penalty  not  exceeding  $200  and  not  less  than 
S50  for  a  first  offence  and  for  each  and  every  subsequent 
offence  to  a  penalty  of  not  more  than  $400  and  not  less  than 


Section  51.  Justice  may  award  costs  and  order  imprison- 
ment. 

Section  52.    Fines  to  be  transmitted  to  secretary. 

Section  53.  Any  prosecution  of  any  member  of  the  college 
under  and  by  virtue  of  the  provisions  of  this  act  shall  be 
commenced  within  six  months  after  the  date  of  the  com- 
mission of  the  alleged  offence. 

Section  54.  In  any  prosecution  of  any  person  under  the 
provisions  of  this  act  for  any  of  the  offences  set  out  in  Section 
50  thereof  the  onus  of  proof  that  the  person  against  whom 
such  charge  is  laid  is  duly  entitled  to  practise  dentistry  and 
dental  surgery  in  the  Province  and  is  duly  registered  under 
the  provisions  of  this  act  shall  be  upon  the  person  against 
whom  the  said  charge  is  made. 

Section  55.    Rights  of  physicians  and  surgeons. 

Section  56.  Nothing  in  this  act  shall  prevent  any  duly 
indentured  and  registered  student  of  dentistry  from  receiving 
clinical  instruction  and  practice  under  the  personal  super- 
vision of  a  member  of  the  college. 


SASKATCHEWAN  485 

Section  57.    Moneys  to  be  paid  to  treasurer. 

Section  58.  All  rules,  regulations,  and  by-laws  of  the 
college  of  dental  surgeons  of  the  Northwest  Territories  exist- 
ing on  the  twenty-sixth  day  of  May,  1906,  shall  be  the  rules, 
regulations,  and  by-laws  of  the  college  subject  to  any  amend- 
ments, alterations  or  repeal  theretofore  or  hereafter  made  by 
the  council. 

SCHEDULE 

Form  A  (Section  3) 

License  to  Practise  Dentistry. 

The  College  of  Dental  Surgeons  of  Saskatchewan  by  virtue 
of  authority  vested  in  it  by  the  Legislature  of  Saskatchewan 

awards  this  certificate  to w^ho  has  complied 

with  all  the  requirements  of  the  law  regarding  the  practice 
of  dentistry  and  after  due  examination  or  by  application  to 
the  council  has  been  adjudged  qualified  to  practise  dentistry 
in  all  its  branches  in  Saskatchewan. 

Li  witness  whereof  we  the  undersigned  members  of  the 
council  of  the  college  have  hereunto  signed  our  names  and 

attached  the  corporate  seal  of  the  college  this day 

of one  thousand  nine  hundred  and 

President. 

Vice-President. 

Secretary. 

Form  B  (Section  33) 
Register. 

Name.  Residence.  Qualification. 

A.  B.  ....  ,  Certificate  of  license,  15th 

March,  1895. 
CD.  ....  Six  months'  practice  prior 

to  November  22,  1889. 
E.  F.  ....  Member  of  (stating  name 

of  college  or  school  and 

where  situate). 


486     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 
Form  C  (Section  37) 

Certificate  of  Annual  Registration. 

I  hereby  certify  that  A.  B.,  being  the  holder  of  a  certificate 
of  license  to  practise  the  profession  of  dentistry  from  the 

was  on  the day  of ,19     ,  duly 

registered  as  a  member  of  the  College  of  Dental  Surgeons  of 
Saskatchewan  and  is  authorized  to  practise  his  profession 

up  to  the ,  subject  to  the  provisions  of  The 

Dental  Profession  Act. 

(Signed)  E.  F., 

Secretary  of  The  College  of  Dental  Surgeons  of  Saskatchewan. 

Corporate  Seal 
of  the 
.  College. 

Form  D  (Section  38) 

Annual  Register  of  Members  of  The  College  of  Dental 
Surgeons  of  Saskatchewan. 

Name.  Address. 


Form  E  (Section  35) 

Register  of  Students  of  Dentistry  of  The  College  of  Dental 
Surgeons  of  Saskatchewan. 

Date  of  ma-      To  whom      Date  of      Assign- 
No.     Name.     Address,     triculation.        articled.       articles.       ments. 


NEW  SOUTH  WALES 

Statutes  1900,  p.  471. 

Section  1.    This  act  may  be  cited  as  the  "Dentists'  Act." 
Section  2.    In  the  construction  of  this  act,  unless  the  con- 
text otherwise  indicates,  the  following  terms  shall  have  the 
respective  meanings  hereby  assigned  to  them,  that  is  to  say: 


/ 
/ 


NEW  SOUTH  WALES  487 

(1)  "Dental  Board"  or  " board "-r— The  dental  board  ap- 
pointed under  the  provisions  of  this  act. 

(2)  "  Dentist" — A  person  registered  as  a  dentist  under  this 
act. 

(3)  "Prescribed" — Prescribed  by  this  act  or  by  any  regu- 
lation made  thereunder. 

Section  3.  As  soon  as  may  be  after  the  commencenient 
of  this  act  the  Governor-in-Council  shall  appoint  two  duly 
qualified  medical  practitioners  and  four  dentists,  qualified 
for  registration  hereunder,  and  two  persons  not  being  either 
medical  practitioners  or  dentists,  to  be  members  of  the  Dental 
Board  of  New  South  Wales,  and  shall  also  appoint  one  of 
such  members  to  be  president  thereof.  All  such  appoint- 
ments shall  be  for  a  period  of  three  years. 

Section  4.  If  any  vacancy  occur  in  the  office  of  member 
of  the  dental  board  during  the  period  for  which  the  first 
members  of  the  said  board  are  appointed,  the  Governor-in- 
Council  may  fill  such  vacancy,  and  the  person  so  appointed 
shall  hold  office  until  the  expiration  of  three  years  from  the 
date  of  the  appointment  of  the  first  members,  and  no  longer. 

Section  5.  On  the  expiration  of  the  period  for  which  the 
first  dental  board  shall  have  been  appointed  to  hold  office  four 
dentists  and  two  medical  practitioners  shall  be  eligible  for 
election  by  the  registered  members  under  the  dental  board  for 
periods  of  three  years,  and  two  lay  members  of  the  board 
shall  be  appointed  by  the  governor-in-council  for  periods  of 
three  years. 

Section  6.  The  board  may  from  time  to  time  appoint  a 
registrar  and  such  other  officers  as  it  may  think  fit  for  the 
purposes  of  this  act. 

Section  7.  The  registrar  shall  enter  in  a  register,  in  the 
prescribed  manner  and  on  payment  of  the  prescribed  fee,  the 
full  names  and  addresses,  date,  and  description  of  qualifica- 
tions for  which  registration  is  granted,  and  all  other  pre- 
scribed particulars  of  all  dentists,  and  shall  transmit  in  the 
month  of  January  in  each  year  a  certified  copy  of  such 
register  to  the  Colonial  Secretary,  who  shall  cause  the  same 
thereupon  to  be  published  in  the  Government  Gazette;  a  copy 


488     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

of  such  Gazette  shall  be  yrima  facie  evidence,  in  all  legal  pro- 
ceedings, that  the  persons  mentioned  therein  are  registered 
according  to  the  provisions  of  this  act,  and  the  omission  of 
any  name  therefrom  shall  be  prima  facie  evidence  that  such 
person  is  not  so  registered. 

Section  8.  The  board  shall  cause  to  be  removed  from  the 
register  the  names  of  deceased  dentists. 

Section  9.  The  board  may  refuse  to  register  as  a  dentist 
or  may  remove  from  the  register  any  person  who 

(a)  has  been  convicted  of  any  felony  or  misdemeanor,  or 
of  any  offence  which  if  committed  within  this  colony  would 
be  a  felony  or  misdemeanor;  or 

(b)  has  been  guilty  of  infamous  conduct  in  any  professional 
respect : 

Provided  that  in  the  case  of  a  charge  for  infamous  conduct 
as  aforesaid  the  board  shall  make  due  inquiry,  sitting  as  an 
open  court,  and  the  person  charged  shall  be  afforded  an 
opportunity  of  defence,  either  in  person  or  by  counsel,  and 
shall  have  the  right  of  appeal  to  the  supreme  court,  and  such 
appeal  shall  be  in  the  nature  of  a  rehearing: 

Provided,  further ,  That  any  such  person  shall  not  be  refused 
registration  nor  have  his  name  removed  from  the  register  on 
account  of  a  conviction  for  an  offence  which,  though  within 
the  provisions  of  this  section,  does  not,  either  from  the 
trivial  nature  of  the  offence  or  from  the  circumstances  under 
which  it  was  committed,  disqualify  a  person  for  practising 
dentistry,  nor  until  he  has  been  called  upon  to  explain  any 
objection  raised  against  him. 

Section  10.  Where  the  board  directs  the  removal  from 
the  register  of  the  name  of  any  person,  the  name  of  that 
person  shall  not  be  again  entered  on  the  register,  except  by 
direction  of  the  board,  or  by  order  of  a  court  of  competent 
jurisdiction.  The  board  may,  if  it  thinks  fit  in  any  case, 
direct  the  registrar  to  restore  to  the  register  any  name 
removed  therefrom  without  fee,  or  on  payment  of  such  fee, 
not  exceeding  the  registration  fee,  as  the  board  may  from 
time  to  time  direct,  and  the  registrar  shall  restore  the  same 
accordingly. 


NEW  SOUTH  WALES  489 

Section  11.    Any  person  who 

(a)  holds  some  recognized  certificate  as  hereinafter  defined, 
and  who  proves  to  the  satisfaction  of  the  board  that  he  is  of 
good  character; 

(6)  has  for  a  period  of  two  years  before  the  commencement 
of  this  act  been  bona  fide  engaged  in  New  South  Wales  iii 
the  practice  of  dentistry,  either  separately  or  in  conjunction 
with  the  practice  of  medicine,  surgery,  or  pharmacy,  and  who 
has  made  application  for  registration  to  the  board  within  one 
year  from  the  commencement  of  this  act;  or 

(c)  has  attained  the  age  of  twenty-one  years  and  has  been 
engaged  during  a  period  of  not  less  than  four  years  in  the 
acquirement  of  professional  knowledge  in  dentistry,  and 
has  passed  an  examination  before  the  board,  according  to 
the  prescribed  regulations;  or 

(d)  has  attained  the  age  of  twenty-one  years,  and  shall 
have  been  a  pupil  or  apprentice  for  a  period  of  not  less  than 
two  years  to  a  dental  practitioner  entitled  to  be  registered 
under  this  act:  Provided  that  such  pupilage  or  apprentice- 
ship shall  have  been  commenced  at  least  six  months  before 
the  commencement  of  this  act,  and  shall  have  expired  before 
he  shall  be  entitled  to  be  so  registered;  or 

(e)  has  obtained  a  diploma  or  degree  in  dentistry  from  a 
university  in  Australia; 

shall  be  entitled  to  be  registered  as  a  dentist  under  this  act. 

Section  12.  Any  person  who  has  practised  dentistry  for 
not  less  than  twelve  months  elsewhere  than  in  New  South 
Wales,  and  who  holds  some  recognized  certificate  as  herein- 
after defined,  and  who  proves  to  the  satisfaction  of  the  board 
that  he  is  of  good  character,  shall  be  entitled  upon  the  pay- 
ment of  the  prescribed  registration  fees  and  without  examina- 
tion, to  be  registered  as  a  dentist  under  this  act. 

The  term  "recognized  certificate"  means  a  certificate, 
diploma,  membership,  degree,  license,  letters,  testimonial, 
or  other  title,  status,  or  document  granted  by  some  univer- 
sity, college,  or  other  public  institution  in  a  British  possession 
or  foreign  country,  and  which  is  recognized  by  the  board  as 
entitling  the  holder  thereof  to  practise  dentistry  in  such 
possession  or  country,  and  as  furnishing  sufficient  guarantee 


490     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

of  the  possession  of  the  requisite  knowledge  and  skill  for  the 
efficient  practice  of  dentistry. 

Section  13.  From  and  after  the  first  day  of  January,  one 
thousand  nine  hundred  and  one,  no  person  other  than  a  duly 
qualified  medical  practitioner  shall  be  entitled  to  take  or  use 
the  name  or  title  of  "dentist,"  or  of  "dental  practitioner"  or 
of  "dental  surgeon,"  or  any  name,  initials,  title,  addition,  or 
description  implying  that  he  is  registered  under  this  act, 
unless  he  is  registered  hereunder.  And  any  person  who  after 
the  first  day  of  January,  one  thousand  nine  hundred  and  one, 
not  being  a  duly  qualified  medical  practitioner  or  a  dentist 
so  registered,  takes  or  uses  any  such  name,  initials,  title, 
addition,  or  description  as  aforesaid  shall  be  liable  on  con- 
viction to  a  penalty  not  exceeding  twenty  pounds. 

Section  14".  A  copy  of  the  register  kept  in  pursuance  of 
this  act,  signed  by  the  president  of  the  dental  board,  shall,  in 
any  proceedings  under  this  act,  be  prima  facie  evidence  that 
the  persons  whose  names  are  herein  contained  and  no  others 
were,  up  to  and  including  the  time  when  the  said  copy  of  the 
register  was  so  signed,  legally  qualified  dentists. 

Section  15.  The  board  may,  with  the  approval  of  the 
governor,  make,  alter,  and  repeal  regulations  for  carrying  this 
act  into  full  effect,  for  the  nomination  and  election  of  mem- 
bers of  the  board  (after  the  first  nominated  board),  and  for 
regulating  the  proceedings  of  the  board,  fixing  quorums,  the 
removal  of  members  of  the  board,  regulating  the  duties  of  its 
officers,  prescribing  what  certificates,  diplomas,  membership, 
degrees,  license,  letters,  testimonials,  or  other  title,  status,  or 
documents  will  be  recognized  by  the  board  under  section 
twelve,  and  for  holding  examinations  and  prescribing  the 
subjects  and  fees  therefor.  All  such  regulations  shall,  upon 
being  published  in  the  government  Gazette,  be  good  and  valid 
in  law,  provided  that  a  copy  of  all  such  regulations  be  laid 
before  both  Houses  of  Parliament  within  fourteen  days  from 
the  publishing  thereof,  if  Parliament  be  then  in  session,  or 
otherwise  within  fourteen  days  after  the  commencement  of 
the  next  ensuing  session. 

Section  16.  Any  registrar  or  other  person  who  wilfully 
makes  or  causes  to  be  made  any  false  entry  in  or  falsification 


NEW  SOUTH  WALES  491 

of  the  register,  and  any  person  who  wilfully  procures  or 
attempts  to  procure  himself  or  any  other  person  to  be  regis- 
tered under  this  act  by  making  or  producing,  or  causing  to 
be  made  or  produced,  any  false  or  fraudulent  representation 
or  declaration,  either  verbally  or  in  writing,  and  any  person 
aiding  or  assisting  therein,  shall  be  guilty  of  a  misdemeanor, 
and  shall  on  conviction  be  liable  to  be  imprisoned,  with  or  with- 
out hard  labor,  for  any  term  not  exceeding  twelve  months. 

Section  17.  The  board  may  examine  any  person  upon 
oath,  or  take  a  solemn  declaration  from  any  person  for  the 
purposes  of  this  act;  and  if  any-  person  wilfully  makes  any 
false  statement  upon  such  examination  or  in  such  declaration, 
or  utters  or  attempts  to  utter  or  put  off  as  true  before  the 
board  any  false,  forged  or  counterfeit  certificate,  diploma, 
license,  letter,  testimonial,  or  other  document  or  writing,  he 
shall  be  guilty  of  a  misdemeanor  and  shall  on  conviction  be 
liable  to  be  imprisoned  for  any  period  not  exceeding  twelve 
months. 

Section  18.  All  informations  for  offences  against  this  act 
shall  be  laid  by  the  registrar,  or  some  other  person  appointed 
by  the  board  for  that  purpose,  and  all  penalties  when  re- 
covered shall  be  paid  to  the  dental  board  for  the  purposes  of 
this  act.  All  such  penalties  may  be  recovered  before  any 
stipendiary  or  police  magistrate  or  two  justices  of  the  peace 
sitting  in  petty  sessions. 

Section  19.  The  fees  mentioned  in  the  Schedule  to  this 
act  shall  be  payable  by  persons  applying  to  be  registered, 
or  obtaining  certificates  of  registration  under  this  act,  or 
inspecting  the  register  respectively,  to  the  registrar,  and  shall 
be  applied  by  the  board  in  defraying  the  expenses  and  carry- 
ing out  the  provisions  of  this  act. 

Schedule 

£.  s.  d. 

On  application  until  January,  1901  ....     2  2  0 

On  application  after  that  date 5  5  0 

Certificate  of  registra  ion 0  5  0 

Inspection  of  register 0  5  0 

Alteration  of  register 0  5  0 


492     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 


QUEENSLAND 

Statutes,  Vol.  IX,  p.  8254. 

Section  1 .  This  act  may  be  cited  as  "  The  Dental  Act  of 
1902,"  and  shall  commence  and  take  effect  on  the  first  day  of 
January,  one  thousand  nine  hundred  and  three. 

Section    2.      Interpretations. 

Sections  3  and  4.    Constitution  of  the  board. 

Section  5.    Meetings  of  the  board. 

Section  6.    Proceedings  of  the  board  validated. 

Section  7.  The  board  may  from  time  to  time  appoint  a 
registrar  and  such  examiners  and  other  officers  as  the  board 
thinks  necessary  for  giving  effect  to  this  act  and  the  by-laws, 
and  may  pay  to  such  officers  such  salary  and  allowances  as 
the  board  thinks  fit. 

All  such  persons  shall  hold  office  during  the  pleasure  of 
the  board. 

Nothing  in  this  act  contained  shall  be  construed  to  prevent 
the  board  from  appointing  one  or  more  of  its  members  to  be 
an  examiner  or  examiners,  or  from  paying  to  him  or  them  such 
fees  in  that  behalf  as  may  be  prescribed. 

Section  8.  Every  person,  whether  male  or  female,  shall 
be  entitled  to  be  registered  under  this  act  upon  making  appli- 
cation in  that  behalf  in  the  prescribed  form,  and  upon 
proving  to  the  satisfaction  of  the  board  that  such  person — 

(i)  Has  attained  the  age  of  twenty-one  years,  and  is  a 
person  of  good  fame  and  character;  and 

(ii)  Is  registered  in  the  United  Kingdom  in  accordance 
with  the  laws  for  the  time  being  in  force  therein  as  a  dentist 
or  medical  practitioner,  and  is  still  entitled  to  practise  his 
profession  in  that  country;  or 

(iii)  Has  previous  to  the  commencement  of  this  act  been 
for  a  period  of  at  least  two  years  bona  fide  engaged  in  Queens- 
land in  the  practice  of  dentistry,  either  separately  or  in  con- 
junction with  the  practice  of  medicine,  surgery,  or  pharmacy, 
as  a  duly  qualified  medical  practitioner  or  as  a  duly  registered 
pharmaceutical  chemist;  or 


QUEENSLAND  493 

(iv)  Has  obtained  the  prescribed  certificate  of  fitness  after 
the  prescribed  examination;  or 

(v)  Has  before  the  commencement  of  this  act.  begun  a 
course  of  study  in  dentistry  as  a  pupil  or  apprentice  of  a 
person  or  persons  who  would,  if  this  act  had  been  passed, 
have  been  entitled  to  be  registered  thereunder,  and  has  since 
continuously  pursued  such  course  of  study  during  a  period 
of  at  least  three  years  as  a  pupil  or  apprentice  of  such  person 
or  persons  or  of  a  dentist  or  dentists  registered  under  this 
act;  or 

(vi)  Holds  a  recognized  certificate: 

Provided  that  no  application  for  registration  in  pursuance 
of  subsection  (iii)  hereof  shall  be  received  after  the  first  day 
of  January,  one  thousand  nine  hundred  and  four: 

Provided,  further,  That  no  application  for  registration  m 
pursuance  of  subsection  (v)  hereof  shall  be  received  after 
the  first  day  of  January,  one  thousand  nine  hundred  and 
seven : 

Provided,  further.  That  the  Minister  may  dispense  with 
such  of  the  certificates,  examinations,  or  other  conditions  for 
registration  required  by  this  act  or  the  by-laws  as  to  him  may 
seem  just  in  favor  of  any  person  who  has  commenced  his 
apprenticeship  or  professional  education  in  dentistry  or  has 
been  engaged  in  the  practice  of  dentistry  in  Queensland  or 
elsewhere  before  the  commencement  of  this  act. 

Section  9.  (1)  The  board  may  require  the  attendance  of 
any  person  who  applies  for  registration,  and  of  any  other 
person,  and  may  examine  or  question  any  such  persons  or 
any  witnesses  who  may  attend  before  the  board,  upon  oath, 
affirmation,  or  otherwise,  and  for  any  such  purposes  the 
chairman  may  administer  an  oath  or  affirmation. 

(2)  Every  summons  issued  by  the  board  requiring  the 
attendance  of  any  person  or  the  production  of  an}'  documents, 
and  signed  by  the  registrar,  shall  have  the  same  effect  as  a 
subpena  issued  by  the  supreme  court  in  a  civil  action;  and 
the  obedience  thereto,  or  non-observance  thereof  may  be 
enforced  and  punished  by  a  judge  of  the  said  court  sitting 
in  chambers  in  the  same  manner  as  in  the  case  of  the  dis- 


494     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

obedience  or  non-observance  of  a  subpena  issued  by  the 
said  court. 

Section  10.  If  the  board  refuses  to  register  any  person 
as  a  dentist,  the  board  shall,  if  required  by  him,  state  in 
writing  the  reason  for  such  refusal;  and  such  person  may 
thereupon  appeal  to  the  Minister,  and  the  Minister  may, 
after  hearing  such  person  and  the  board,  dismiss  the  appeal 
or  order  the  board  to  register  such  person. 

Section  11.  (1)  The  board  shall  from  time  to  time  hold 
examinations  of  persons  desirous  of  qualifying  themselves  to 
be  registered  as  dentists,  and  shall  grant  certificates  of  fitness 
to  persons  who  have  passed  all  the  examinations  and  fulfilled 
all  the  conditions  prescribed. 

(2)  No  person  shall  be  admitted  to  the  final  qualifying 
examination  unless  he  has  attained  the  age  of  twenty-one 
years  and  has  fulfilled  all  the  conditions  prescribed. 

(3)  The  board,  instead  of  requiring  any  person  to  pass  an 
examination  in  all  the  prescribed  subjects,  may  accept  in 
substitution  for  the  whole  or  any  part  thereof  a  certificate  of 
examination  in  any  subject  or  subjects  granted  by  any  uni- 
versity established  within  the  Commonwealth  of  Australia, 
or  any  college  of  pharmacy,  or  school  of  mines,  or  other  public 
educational  institution  now  or  hereafter  to  be  established  in 
Queensland. 

Such  certificate  of  examination  shall  have  the  like  force 
and  effect  as  if  such  examination  had  been  held  by  the  board. 

Section  12.  (1)  A  register  shall  be  kept  by  the  registrar, 
and  shall  contain  the  names,  addresses,  and  qualifications  of 
all  dentists  registered  under  this  act  and  the  respective  dates 
on  which  they  are  so  registered. 

(2)  The  register  shall  at  all  times  be  open  to  inspection 
by  any  person  on  payment  of  the  prescribed  fee. 

(3)  As  soon  as  may  be  after  registration  the  registrar 
shall  cause  particulars  as  aforesaid  of  the  registration  of  every 
dentist  to  be  published  in  the  Gazette. 

(4)  Every  dentist  shall  be  entitled  to  obtain  from  the 
registrar  a  certificate  of  his  registration  in  the  prescribed 
form. 


QUEENSLAND  495 

Section  13.  Every  dentist  who  obtains  any  higher  degree, 
diploma,  or  status,  or  any  quahfication  other  than  the  quah- 
fication  in  respect  of  which  he  is  registered,  shall  be  entitled 
to  have  such  higher  degree,  diploma,  status,  or  additional 
qualification  inserted  in  the  register  on  payment  of  the 
prescribed  fee. 

Section  14.  A  copy  of  the  register  shall,  in  the  month 
of  January  in  each  year,  be  published  by  the  board  in  the 
Gazette. 

A  copy  of  the  register  purporting  to  be  certified  as  a  true 
copy  by  the  registrar,  shall  in  all  proceedings  whatsoever  be 
prima  facie  evidence  that  the  persons  therein  named  are 
dentists  and  possess  the  qualifications  therein  mentioned; 
and  the  absence  of  the  name  or  the  qualification  of  any  person 
from  such  copy  shall  be  prima  facie  evidence  that  such  person 
is  not  registered  or  qualified. 

Section  15.  (1)  The  board  shall  from  time  to  time  erase 
any  entry  in  the  register  which  is  proved  to  the  satisfaction 
of  the  board  to  have  been  fraudulently  or  incorrectly  made. 

(2)  Every  dentist  on  changing  his  place  of  business  shall 
forthwith  give  notice  of  the  fact  by  post  to  the  registrar. 
Every  district  registrar  of  death  in  Queensland  on  registering 
the  death  of  any  dentist  shall  forthwith  transmit  notice 
thereof  to  the  registrar. 

(3)  The  registrar  shall  from  time  to  time  erase  the  names 
of  all  dentists  who  have  died,  and  shall  make  such  alterations 
and  amendments  in  the  register  as  the  board  may  from  time 
to  time  direct,  for  the  purpose  of  making  the  same  an  accurate 
record  of  the  names,  addresses  and  qualifications  of  the 
dentists  for  the  time  being. 

For  the  purposes  aforesaid  he  may  post  a  notice  to  any 
dentist,  addressed  to  him  according  to  his  address  on  the 
register,  inquiring  whether  he  has  changed  his  address  or 
residence;  and  if  no  answer  is  returned  to  such  notice  within 
six  months  after  the  posting  thereof,  the  registrar  shall  erase 
the  name  of  such  person  from  the  register. 

(4)  Any  name  erased  from  the  register  under  this  section 
may  be  restored  by  the  board. 


496     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  16.  (1)  The  name  of  any  person  registered  under 
this  act  who,  after  he  is  registered — 

(i)  Is  convicted  in  any  part  of  His  Majesty's  dominions  or 
elsewhere  of  any  indictable  offence,  or  of  any  other  offence 
which,  in  the  opinion  of  the  board,  renders  him  unfit  to 
practise;  or 

(ii)  Is,  after  due  inquiry,  adjudged  by  the  board  to  have 
been  guilty  of  infamous  conduct  in  a  professional  respect, 
shall  be  erased  from  the  register : 

Provided,  That  in  the  case  of  a  charge  of  infamous  conduct 
as  aforesaid  the  board  in  making  the  due  inquiry  shall,  if  so 
required  by  the  person  charged,  sit  as  an  open  court,  and  the 
person  shall  be  afforded  an  opportunity  of  defence  either  in 
person  or  by  counsel,  and  shall,  if  he  does  not  exercise  his 
right  of  appeal  to  the  Minister  have  the  right  of  appeal  to 
the  supreme  court,  and  such  an  appeal  shall  be  in  the  nature 
of  a  rehearing. 

The  expression  "infamous  conduct  in  a  professional 
respect"  does  not  include  any  conduct  which  either  from  its 
trivial  nature  or  from  the  surrounding  circumstances  does  not 
in  the  public  interest  disqualify  a  person  practising  dentistry. 

(2)  Any  name  erased  from  the  register  under  this  section 
may  be  restored  by  the  board. 

Section  17.  If  the  board  causes  the  name  of  any  person 
to  be  erased  from  the  register  under  this  act,  the  board  shall, 
if  required  by  such  person,  state  in  writing  the  reason  for 
such  erasure;  and  such  person  may,  unless  he  has  appealed 
to  the  supreme  court  under  the  provisions  of  subsection  (1) 
of  the  last  preceding  section,  appeal  to  the  Minister,  who  may, 
after  hearing  such  person  and  the  board  dismiss  the  appeal, 
or  order  the  board  to  restore  the  name  to  the  register,  and 
such  order  shall  be  final  and  conclusive,  and  shall  be  obeyed. 

Section  18.  Any  appeal  to  the  supreme  court  under  this 
act  shall  be  brought  and  the  proceedings  shall  be  had  in  such 
manner  as  may  be  prescribed  by  rules  of  court. 

The  appeal  shall  be  heard  and  determined  by  a  single 
judge.  An  appeal  shall  lie  to  the  full  court  from  any  decision 
of  a  judge  upon  a  point  of  law. 


QUEENSLAND  497 

Section  19.  Every  dentist  and  every  medical  practitioner 
shall  be  entitled  to  practise  dentistry  in  any  part  of  Queens- 
land, and  to  sue  in  any  court  of  competent  jurisdiction  for 
the  recovery  of  his  fees  or  other  remuneration  for  professional 
services  in  dentistry,  or  in  the  performance  of  any  dental 
operation,  or  for  dental  attendance  or  advice. 

Section  20.  From  and  after  the  first  day  of  January,  one 
thousand  nine  hundred  and  four,  no  person  other  than  a 
medical  practitioner  or  other  than  a  person  registered  under 
this  act,  and  no  company  (other  than  a  company  carrying 
on  the  business  of  pharmaceutical  chemists  and  duly  regis- 
tered before  the  first  day  of  January  one  thousand  nine  hun- 
dred and  two,  under  "The  Companies  Act  1863")  or  associa- 
tion other  than  an  association  consisting  wholly  of  registered 
dentists,  shall  take  or  use  or  by  inference  adopt  the  name, 
title,  word,  letters,  addition,  or  description  of  dentist,  or 
dental  practitioner,  or  dental  surgeon,  or  surgeon  dentist,  or 
use  or  have  attached  to  or  exhibited  at  his  or  its  place  of 
business  or  residence,  either  alone  or  in  combination  with  any 
other  word  or  words  or  letters,  the  words,  "dental  company" 
or  "dental  college"  or  "college  or  school  of  dentistry"  or 
"mechanical  dentist,"  or  any  name,  title,  letters,  addition, 
or  description  implying  or  tending  to  the  belief  that  he  or 
such  company  or  association  is  registered  under  this  act,  or  is 
qualified  to  practise  dentistry,  or  is  carrying  on  the  practice 
of  dentistry,  or  is  entitled  to  or  to  use  such  name,  title,  word, 
letters,  addition,  or  description. 

Any  person,  company,  or  association  guilty  of  a  contra- 
vention of  this  section  shall  be  liable  to  a  penalty  not  exceed- 
ing twenty  pounds,  and  to  a  further  penalty  not  exceeding 
five  pounds  for  every  day  during  which  such  contravention 
is  continued  after  conviction. 

Section  21.  From  and  after  the  first  day  of  January,  one 
thousand  nine  hundred  and  four,  no  person  other  than  a 
medical  practitioner  or  a  dentist  shall  be  entitled  to  recover 
any  fee  or  charge  for  the  performance  of  any  dental  operation, 
or  for  any  dental  attendance  or  advice,  or  shall  hold  any 
appointment  as  a  dentist  or  dental  practitioner  or  dental 
32 


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QUEENSLAND  499 

(vi)  Determining  the  evidence  to  be  produced  and  condi- 
tions to  be  fulfilled  by  any  person  applying  for  registration 
under  this  act; 

(vii)  Prescribing  the  course  of  study,  professional  practice, 
conditions  of  service,  and  training  and  examination  of 
persons  desirous  of  obtaining  certificates  of  fitness  entitling 
them  to  be  registered  as  dentists ;  prescribing  the  fees  payable 
to  examiners; 

(viii)  Regulating  the  granting  of  certificates  of  fitness, 
and  prescribing  the  form  thereof; 

(ix)  Prescribing  what  certificates  of  examinations  will  be 
recognized  by  the  board  as  a  substitute  for  the  examinations 
of  the  board; 

(x)  Prescribing  what  certificates,  diplomas,  memberships, 
degrees,  licenses,  letters  testimonial,  or  other  titles,  status,  or 
documents,  will  be  recognized  by  the  board  as  qualifying 
persons  holding  them  or  any  of  them  to  be  registered  as 
dentists ; 

(xi)  Prescribing  a  scale  of  fees  to  be  charged  and  paid  in 
respect  of  any  applications,  examination,  registration,  cer- 
tificate, inspection,  or  other  proceeding,  act,  or  thing  provided 
or  required  under  this  act  or  the  by-laws; 

(xii)  Requiring  and  regulating  the  registration  in  the  office 
of  the  registrar  of  all  contracts  and  articles  of  apprenticeship 
or  pupilage  under  which  apprentices  or  pupils  in  dentistry  are 
serving; 

(xiii)  Regulating  the  conduct  of  proceedings  in  connection 
with  complaints  or  charges  against  dentists  alleged  to  be 
guilty  of  infamous  conduct  in  a  professional  respect; 

(xiv)  Generally  for  carrying  into  effect  the  objects  of  this 
act. 

(2)  A  by-law  may  impose  a  penalty  for  any  breach 
thereof,  and  may  also  impose  dift'erent  penalties  in  case 
of  successive  breaches.  But  no  such  penalty  shall  exceed 
twenty  pounds. 

(3)  All  such  by-laws  upon  being  so  approved  shall  be 
published  in  the  Gazette,  and  shall  thereupon  have  the  same 
eft'ect  as  if  they  were  a  part  of  this  act.    The  production  of  a 


500     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

copy  of  the  Gazette  containing  a  notification  of  the  approval 
thereof  by  the  Governor-in-Council  shall,  in  all  proceedings, 
be  sufficient  evidence  of  such  by-laws. 

TASMANIA 

1884,  Statutes  48  Victoria,  No.  31.     Page  797. 

Section  1.  The  Short  Title  of  this  act  is  "The  Dentists 
Act,  1884." 

Section  2.    In  this  act  if  not  inconsistent  with  the  context 

"Dentist"  means  a  person  registered  under  this  act. 

"Registration"  and  "registered"  respectively  mean  regis- 
tration under  this  act,  and  registered  under  this  act : 

"The  said  act"  means  the  act  of  the  Imperial  Parliament 
to  amend  the  law  relating  to  dental  practitioners,  and  cited 
as  the  Dentists  Act,  1878: 

"Registrar"  means  the  registrar  of  births,  deaths,  and 
marriages. 

Section  3.  From  and  after  the  first  day  of  January,  one 
thousand  eight  hundred  and  eighty-five,  a  person  other  than 
a  legally  qualified  medical  practitioner  shall  not  be  entitled 
to  take  or  use  the  name  or  title  of  dentist  (either  alone  or  in 
combination  with  other  words),  or  of  dental  surgeon,  surgeon 
dentist,  dental  practitioner,  or  any  name,  title,  addition,  or 
description  implying  that  he  is  registered  under  this  act,  or 
that  he  is  a  person  specially  qualified  to  practise  dentistry 
and  dental  surgery,  unless  he  is  registered  under  this  act. 

A  person  registered  under  this  act  shall  be  entitled  to 
practise  dentistry  or  dental  surgery  in  any  part  of  Tasmania, 
and  from  and  after  the  first  day  of  January,  one  thousand 
eight  hundred  and  eighty-five,  no  person  shall  be  entitled  to 
take  or  receive  any  fee  or  charge  for  the  performance  of  any 
dental  operation,  or  for  any  dental  attendance,  prescription, 
or  advice,  unless  he  is  registered  under  this  act,  or  is  regis- 
tered under  the  said  act,  or  is  a  legally  qualified  medical 
practitioner. 

Section  4.  Any  person  who,  after  the  first  day  of  Janu- 
ary, one  thousand  eight  hundred  and  eighty-five,  not  being 


TASMANIA  501 

registered  under  this  act,  takes  or  uses  any  such  name,  title, 
addition,  or  description  as  aforesaid,  or  takes  or  receives  any 
fee  or  charge  for  the  performance  of  any  dental  operation, 
attendance,  prescription,  or  advice,  shall  be  liable  to  a  pen- 
alty not  exceeding  fifty  pounds,  to  be  recovered  in  a  summary 
way  before  any  two  justices  of  the  peace  in  the  mode  pre- 
scribed by  The  Magistrates  Summary  Procedure  Act:  Pro- 
vided that  nothing  in  this  section  shall  apply  to  any  legally 
qualified  medical  practitioner. 
Section  5.    Any  person  who 

(a)  Is  registered  under  the  said  act; 

(b)  Is  entitled  to  be  registered  under  the  said  act ; 

(c)  Is  at  the  passing  of  this  act  bona  fide  engaged  in  any 
part  of  Tasmania  in  the  practice  of  dentistry  or  dental  sur- 
gery, either  on  his  own  behalf  or  as  assistant  to  some  person 
engaged  in  the  practice  of  dentistry  or  dental  surgery,  either 
separately  or  in  conjunction  with  the  practice  of  medicine, 
surgery,  or  pharmacy; 

(d)  Holds  any  recognized  certificate,  hereinafter  defined, 
granted  in  any  British  possession  or  foreign  country;  or, 

(e)  (As  repealed  and  reenacted  by  54  Vict.  No.  28,  p.  801). 
Has  been  for  at  least  four  consecutive  years  the  apprentice 
or  pupil  of  a  person  registered  under  this  act,  or  the  said  act 
or  entitled  to  be  registered  under  this  act  or  the  said  act,  or 
of  one  or  more  such  persons  successively,  and  has  been  con- 
tinuously and  actually  engaged  during  that  period  in  the 
practice  of  dentistry,  and  has  attended  a  course  of  lectures 
and  hospital  practice  at  the  dental  department  of  the  Hobart 
or  Launceston  General  Hospital,  or  at  any  hospital  recog- 
nized for  the  purpose  by  the  Dental  Board  of  Examiners, 
during  a  period  of  at  least  two  years,  upon  such  days  and 
during  such  hours  as  the  Dental  Board  of  Examiners,  with 
the  approval  of  the  Governor-in-Council,  may  from  time  to 
time  by  regulations  direct,  and  shall  have  obtained  a  license 
under  the  fourteenth  and  fifteenth  sections  of  this  act;  and 
such  reasonable  fee  shall  be  paid  for  attendance  upon  lee-, 
tures  and  hospital  practice  as  the  Governor-in-Council  may 
approve;  shall  be  entitled  to  be  registered  under  this  act. 


502     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  6.  The  certificate  granted  in  a  British  possession 
or  in  any  foreign  country,  which  is  to  be  deemed  such  a  recog- 
nized certificate,  as  is  required  for  the  purposes  of  this  act, 
shall  be  such  certificate,  diploma,  membership,  degree, 
license,  letters  testimonial,  or  other  title,  status,  or  document 
as  may  be  recognized  by  the  board  of  examiners  as  furnishing 
a  sufiicient  guarantee  of  the  possession  of  the  requisite 
knowledge  and  skill  for  the  efficient  practice  of  dentistry  or 
dental  surgery. 

Section  7.  Any  person  who  has  been  articled  as  a  pupil  to 
a  dental  practitioner  entitled  to  be  registered  under  this 
act,  in  consideration  of  receiving  from  such  practitioner  a 
complete  dental  education,  shall,  if  his  articles  expire  before 
the  first  day  of  January  one  thousand  eight  hundred  and 
eighty-five,  be  entitled  to  be  registered  under  this  act  as 
though  he  had  been  in  bona  fide  practice  before  the  passing 
of  this  act.  ^Moreover,  it  shall  be  lawful  for  the  Governor- 
in-Council  by  special  order,  to  dispense  with  such  of  the 
certificates,  examinations,  or  other  conditions  for  registration 
in  the  dentists'  register  required  under  the  provisions  of  this 
act,  or  under  any  regulations  made  by  its  authority,  as  to 
him  may  seem  fit,  in  favor  of  any  dental  students  or  appren- 
tices who  have  commenced  their  professional  education  or 
apprenticeship  before  the  commencement  of  this  act. 

Section  8.  If  any  person  is  refused  registration  the 
board  of  examiners  shall,  if  required  by  him,  state  in  writing 
the  reason  for  such  refusal;  and  if  such  reason  be  that  the 
certificate  held  or  obtained  by  him  is  not  such  a  recognized 
certificate  as  before  defined,  such  person  may  appeal  to 
the  Governor-in-Council,  and  the  Governor-in-Council  may, 
after  hearing  the  board  of  examiners,  order  the  said  board 
to  recognize  such  certificate  or  otherwise,  and  such  order 
shall  be  duly  obeyed. 

Section  9.  When  a  person  entitled  to  be  registered  under 
this  act  produces  or  sends  to  the  registrar  the  document 
conferring  or  evidencing  his  qualification,  with  a  statement 
of  his  name  and  address  and  other  particulars,  if  any, 
required  for  registration,  and  pays  the  registration  fee,  he 


TASMANIA  503 

shall  be  registered  in  the  dentists'  register:  Provided,  That  a 
person  shall  not  be  registered  under  this  act  as  having  been 
at  the  passing  thereof  engaged  in  the  practice  of  dentistry  or 
dental  surgery  unless  he  produces  or  transmits  to  the  registrar 
before  the  first  day  of  June  one  thousand  eight  hundred  and 
eighty-five  information  of  his  name  and  address  and  a  decla- 
ration signed  by  him  in  the  form  of  the  Schedule  to  this  act. 

Section  10.  The  registrar  shall  refer  any  doubtful  appli- 
cation for  registration  under  this  act  to  the  board  of  ex- 
aminers, who  may  decline  to  register  such  person  or  otherwise 
as  they  may  think  fit. 

Section  1 1 .  Any  person  who  wilfully  procures  or  attempts 
to  procure  himself  or  any  other  person  to  be  registered  under 
this  act  by  making  or  producing,  or  causing  to  be  made  or 
produced,  any  false  or  fraudulent  representation  or  declara- 
tion, either  verbally  or  in  writing  shall  be  deemed  guilty  of  a 
misdemeanor,  and  shall  on  conviction  be  liable  to  be  im- 
prisoned for  any  term  not  exceeding  twelve  months. 

Section  12.  The  board  of  examiners  shall  cause  to  be 
erased  from  the  dentists'  register  any  entry  which  has  been 
incorrectly  or  fraudulently  made.  And  any  person  registered 
in  the  dentists'  register  who  has,  either  before  or  after  the 
passing  of  this  act,  and  either  before  or  after  he  is  so  registered 
been  convicted,  either  in  Her  Majesty's  dominions  or  else- 
where, of  any  felony  or  misdemeanor,  or  been  guilty  of  any 
infamous  or  disgraceful  conduct  in  a  professional  respect,  the 
name  of  such  person  shall  be  erased  from  the  register,  and 
such  erasure  shall  be  notified  by  the  registrar  in  the  Hobart 
Gazette. 

Section  13.  If  the  registrar  wilfully  makes  or  causes  to 
be  made  any  falsification  in  any  matter  relating  to  any 
register  under  this  act,  he  shall  be  liable  to  be  imprisoned  for 
any  term  not  exceeding  twelve  months. 

Section  14.  The  Governor-in-Council  shall  from  time 
to  time,  upon  the  written  recommendation  of  the  court  of 
medical  examiners,  appoint  a  board  or  boards  of  examiners 
for  the  purposes  of  conducting  the  examinations  and  granting 
certificates  and  licenses  under  this  act.    Each  of  such  boards 


504     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

shall  be  called  boards  of  examiners  in  dental  surgery  and 
dentistry,  and  shall  consist  of  not  less  than  four  members, 
one-half  of  whom  at  least  shall  be  persons  registered  under 
this  act. 

Section  15.  The  persons  appointed  by  the  Governor-in- 
Council  shall  continue  in  office  for  such  period,  and  shall  con- 
duct examinations  in  such  manner,  and  shall  grant  certificates 
and  licenses  in  such  form  as  the  Governor-in-Council  may 
from  time  to  time  by  regulations  direct. 

Section  16.  A  casual  vacancy  in  any  such  board  of 
examiners  may  be  filled  by  the  Governor  in  Council  upon 
such  written  recommendation  as  aforesaid;  but  the  person  so 
appointed  shall  be  qualified  as  the  person  in  whose  stead  he 
is  appointed,  and  shall  hold  office  for  such  time  only  as  the 
person  in  whose  stead  he  is  appointed  would  have  held 
office. 

Section  17.  Such  reasonable  fees  shall  be  paid  for  the 
certificates  or  licenses  to  be  granted  under  this  act  by  the 
board  of  examiners  as  the  Governor-in-Council  may  from 
time  to  time  by  regulations  direct. 

Section  18.  A  register  shall  be  kept  by  the  registrar,  to 
be  styled  the  dentists'  register,  and  shall  contain  in  one 
alphabetical  list  the  names  of  all  persons  registered  under 
this  act,  together  with  their  qualifications  and  places  of 
residence. 

Section  19.  On  application  made  to  him  at  any  time  for 
that  purpose  by  any  registered  dentist,  the  registrar  shall 
issue  to  such  applicant  a  certificate  of  registration. 

Section  20.  The  dentists'  register  as  aforesaid  shall  be 
open  to  inspection  by  the  public. 

Section  21.  The  registrar  shall  from  time  to  time  erase 
the  names  of  all  registered  persons  who  shall  have  died;  and 
shall  from  time  to  time  make  the  necessary  alterations  in  the 
addresses  of  the  persons  registered  under  this  act. 

Section  22.  A  true  copy  of  the  register  aforesaid,  certi- 
fied by  the  registrar-general  to  be  a  true  copy,  shall,  in  the 
month  of  December  in  each  year,  be  sent  to  the  Chief  Secre- 
tary, and  shall  by  him  be  published  in  the  Hobart  Gazette; 


TASMANIA  505 

and  any  copy  of  the  register  so  published  shall  be  evidence 
in  all  civil  and  criminal  proceedings  whatsoever. 

Section  23.  The  registrar  shall  take  and  receive  the  under- 
mentioned fees : 

£.  s.  d. 

On  application 1  0  0 

Certificate  of  registration 0  5  0 

Any  alteration  of  register 0  5  0 

Inspection  of  register 0  2  6 

Section  24.  All  fees  accruing  under  this  act  shall  be  paid 
into  the  treasury  and  form  part  of  the  Consolidated  Revenue 
Fund  of  the  colony. 

Schedule 

Declaration  required  to  be  made  by  a  person  who  claims 
to  be  registered  on  the  ground  that  he  was  bona  fide  engaged 
in  the  practice  of  dentistry  at  the  time  of  the  passing  of 
"The  Dentists  Act,  1884.'' 

I residing  at hereby  declare 

■that  I  was  bona  fide  engaged  in  the  practice  of  dentistry  or 

dental  surgery  at at  the  date  of  the  passing  of 

"The  Dentists'  Act,  1884." 

(Signed) 
Witness: 

Dated  this day  of   .    .    .    .  ,  18 

Note. — Any  person  who  wilfully  procures  or  attempts  to 
procure  himself  or  any  other  person  to  be  registered  under 
this  act  by  making  or  producing,  or  causing  to  be  made  or 
produced,  any  false  or  fraudulent  representation  or  declara- 
tion, either  verbally  or  in  writing,  is  liable  under  "The 
Dentists'  Act,  1884,"  to  imprisonment  for  a  period  not 
exceeding  twelve  months. 


506     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 


VICTORIA 

Medical  Act,  1890,  No.  1118 
Pakt  II — Dentists 

Section  38.  In  the  construction  and  for  the  purposes  of 
this  part  of  this  act  the  following  terms  shall,  if  not  incon- 
sistent with  the  context,  have  the  respective  meanings  hereby 
assigned  to  them  (that  is  to  say) : 

"Dental  Board"  shall  mean  the  dental  board  appointed 
under  the  provisions  of  "The  Dentists'  Act,  1887,"  or  of  this 
part  of  this  act. 

"Dentist"  shall  mean  a  person  registered  under  "The 
Dentists'  Act,  1887,"  or  under  this  part  of  this  act. 

"Minister"  shall  mean  the  responsible  Minister  of  the 
Crown  for  the  time  being  administering  this  part  of  this  act. 

"Register"  shall  mean  the  dentists'  register  for  qualified 
dentists  to  be  kept  in  pursuance  of  the  provisions  of  this 
part  of  this  act. 

"Registrar"  shall  mean  the  registrar  appointed  under  the 
provisions  of  "The  Dentists'  Act,  1887,"  or  of  this  part  of 
this  act. 

Division  I — Dental  Board  and  Officers 

Sections  39  to  45.  Appointment  of  dental  board,  term  of 
office,  etc. 

Division  2 — Register 

Section  46.  A  register  shall  be  kept  by  the  registrar,  to  be 
called  the  "dentists'  register,"  and  the  said  register  shall 
contain  in  one  alphabetical  list,  according  to  surnames,  the 
names  of  all  dentists  who  are  registered  under  this  part  of  this 
act,  and  shall  state  the  full  names  and  addresses  of  the 
registered  persons,  the  description  and  date  of  the  qualifica- 
tions in  respect  of  which  they  are  registered,  and  subject  to 
the  provisions  of  this  part  of  this  act  shall  contain  such 
particulars  and  be  in  such  form  as  the  Governor-in-Council 


VICTORIA  507 

from  time  to  time  directs,  and  the  said  register  shall  be  open 
to  inspection  by  the  public  on  payment  of  the  fees  prescribed 
in  the  fourth  schedule  hereto. 

Section  47.    Repealed  by  section  6,  Dentists'  Act,  post. 

Section  48.  Any  entry  in  the  register  which  appears  to 
the  registrar  to  have  been  irregularly  or  fraudulently  made 
may  be  by  him  erased  if  the  Minister  so  direct.  If  any  person 
registered  under  this  part  of  this  act  has  either  before  or 
after  the  passing  thereof  and  either  before  or  after  he  is  so 
registered  been  convicted  either  in  Her  Majesty's  dominions 
or  elsewhere  of  an  offence  which  if  committed  in  A^ictoria 
would  be  a  felony  or  a  misdemeanor,  such  person  shall  be 
liable  to  have  his  name  erased  from  the  register. 

The  dental  board  may  cause  inquiry  to  be  made  into  the 
case  of  a  person  alleged  to  be  liable  to  have  his  name  erased 
under  this  section,  and  on  proof  of  such  conviction  shall  make 
representation  of  the  same  to  the  Go vernor-in- Council,  who 
may  thereupon  direct  the  registrar  to  erase  the  name  of  such 
person  from  the  register. 

Provided,  That  the  name  of  a  person  shall  not  be  erased 
under  this  section  on  account  of  a  conviction  for  a  political 
offence  out  of  Her  Majesty's  dominions. 

Section  49.  Any  person  who  wilfully  makes  or  causes  to 
be  made  any  falsification  in  any  matter  relating  to  the 
register  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
on  conviction  thereof  be  liable  to  be  imprisoned  for  any  term 
not  exceeding  twelve  months. 

Section  50.  A  true  copy  of  the  register  aforesaid  certified 
by  the  registrar  to  be  a  true  copy  shall  in  the  month  of  Janu- 
ary in  each  and  every  year  be  sent  to  the  jMinister  and  shall 
by  him  be  published  in  the  Government  Gazette,  and  shall  be 
published  and  sold  by  the  dental  board,  and  any  printed 
documents  purporting  to  be  a  copy  of  such  register  shall  be 
■prima  facie  evidence  in  all  courts  of  law  in  all  legal  proceed- 
ings whatsoe^'er  and  before  all  justices  and  others  that  the 
persons  therein  specified  are  registered  according  to  the 
provisions  of  this  part  of  this  act,  and  the  absence  of  the  name 
of  any  person  from  the  latest  of  such  printed  copies  for  the 


508     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

time  being  shall  be  prima  facie  evidence  until  the  contrary 
be  made  to  appear  that  such  person  is  not  so  registered. 
Provided,  That  in  the  case  of  any  person  whose  name  does 
not  appear  in  such  copy  a  certificate  under  the  hand  of  the 
registrar  to  the  effect  that  such  person  is  registered  under  this 
part  of  this  act  shall  be  evidence  that  such  person  is  registered 
under  this  part  of  this  act. 

Section  51.  On  application  made  to  him  at  any  time  for 
that  purpose  the  registrar  shall,  if  so  directed  by  the  dental 
board,  issue  to  any  applicant  a  certificate  to  the  effect  that 
he  is  registered  under  this  part  of  this  act. 

Division  3 — Registration 

Section  52.  Repealed  by  section  7  of  the  Dentists'  Act, 
post. 

Section  53 .  Every  person  registered  under  "  The  Dentists' 
Act,  1887,"  or  under  this  part  of  this  act  and  every  legally 
qualified  medical  practitioner  shall  be  entitled  to  practise 
dental  surgery  and  dentistry  in  any  part  of  Victoria,  and  sue 
in  any  court  of  law  in  Victoria  to  the  extent  of  the  juris- 
diction of  such  court  for  the  recovery  of  his  fees  or  other 
remuneration  for  his  professional  services  in  dentistry  or  in 
the  performance  of  any  dental  operation  or  for  any  dental 
attendance  or  advice,  and  it  shall  be  sufficient  to  state  in  the 
particulars  of  demand  the  words  "for  dental  services,"  which 
shall  include  every  demand  for  any  dental  operation  attend- 
ance and  advice  and  for  any  articles  supplied  by  the  plaintiff 
to  the  defendant  for  dental  purposes.  From  and  after  the 
coming  into  operation  of  this  act  no  person  shall  be  entitled 
to  recover  an}''  fee  or  charge  in  any  court  of  law  for  the  per- 
formance of  any  dental  operation  or  for  any  dental  attend- 
ance or  advice,  or  shall  hold  any  appointment  as  a  dentist  or 
dental  practitioner  or  dental  surgeon  in  any  hospital,  infirm- 
ary, dispensary  or  lying-in  hospital  or  in  any  lunatic  asylum, 
gaol,  penitentiary  or  other  public  institution,  unless  he  is 
registered  under  "The  Dentists'  Act,  1887,"  or  under  this 
part  of  this  act  or.  is  a  legally  qualified  medical  practitioner. 


VICTORIA  509 

Section  54.    (Repealed  by  act  1598-1898.) 

Section  55.    (Repealed  by  act  1598-1898.) 

Section  56.  Any  person  who  either  is  not  domiciled  in 
Victoria  or  has  practised  dental  surgery  or  dentistry  for  more 
than  ten  years  elsewhere  than  in  Victoria,  showing  that  he 
holds  some  recognized  certificate  as  hereinafter  defined 
granted  in  some  portion  of  the  British  possessions  other  than 
the  United  Kingdom  and  that  he  is  of  good  character,  shall 
upon  the  payment  of  the  registration  fees,  be  entitled  with- 
out examination  to  be  registered  as  a  dentist  under  this  part 
of  this  act. 

Section  57.    (Repealed  by  act  1598-1898.) 

Section  58.  The  certificate  granted  in  a  British  possession 
or  in  a  foreign  country  which  is  to  be  deemed  such  a  recog- 
nized certificate  as  is  required  for  the  .purposes  of  this  part 
of  this  act  shall  be  such  certificate,  diploma,  membership, 
degree,  license,  letters  testimonial  or  other  title,  status  or 
document  as  may  be  recognized  by  the  dental  board  as 
entitling  the  holder  thereof  to  practise  dental  surgery  or 
dentistry  in  such  possession  or  country,  and  as  furnishing 
sufficient  guarantee  of  the  possession  of  the  requisite  knowl- 
edge and  skill  for  the  efficient  practice  of  dental  surgery  or 
dentistry. 

Section  59.  If  any  person  is  refused  registration  under 
this  part  of  this  act  as  a  dentist,  the  dental  board  shall  if 
required  by  him  state  in  writing  the  reason  for  such  refusal; 
and  if  such  reason  be  that  the  certificate  held  or  obtained  by 
him  is  not  such  a  recognized  certificate  as  above  defined, 
such  person  may  appeal  to  the  Governor-in-Council,  and  the 
Governor-in-Council  may  after  hearing  the  said  board  dismiss 
the  appeal  or  order  the  said  board  to  recognize  such  certificate 
and  such  order  shall  be  duly  obeyed. 

Section  60.  The  dental  board  may  from  time  to  time  sub- 
ject to  the  approval  of  the  Governor-in-Council  make,  alter, 
and  repeal  regulations  specifying  what  certificates,  diploihas, 
memberships,  degrees,  licenses,  letters  testimonial  or  other 
titles,  status  or  documents  granted  in  a  British  possessioi^ 
other  than  the  United  Kingdom  or  granted  in  a  foreign 


510     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

country  will  be  recognized  by  the  said  board  as  qualifying 
persons  holding  them  or  any  of  them  to  be  registered  under 
this  part  of  this  act  as  dentists. 

Section  61.  The  dental  board  may  when  any  person 
makes  application  to  be  registered  in  respect  of  any  cer- 
tificate, diploma,  membership,  degree,  license,  letter,  testi- 
monial or  other  title,  status  or  document  not  specified  in 
such  regulations  entertain  such  application  and  deal  with  it 
specially,  and  may,  if  they  think  fit,  give  to  such  applicant  a 
certificate  of  recognition  setting  forth  that  he  is  the  holder 
of  a  recognized  certificate,  and  the  registrar  shall  take  such 
certificate  of  recognition  as  an  authority  to  register  such 
applicant. 

Section  62.  When  a  person  entitled  to  be  registered 
under  this  part  of  this  act  produces  or  sends  to  the  registrar 
the  certificate,  diploma,  license,  letters  testimonial  or  other 
document  or  writing  conferring  or  evidencing  his  qualifica- 
tion, with  a  statement  of  his  name  and  address  and  all  other 
particulars  (if  any)  required  for  registration  under  this  part 
of  this  act,  and  pays  the  registration  fees,  he  shall  be  regis- 
tered, and  such  registration  shall  consist  in  the  entry  by  or 
on  behalf  of  the  registrar  in  the  register  of  such  name,  address 
and  other  particulars. 

A  person  registered  in  Victoria  shall  not  be  disqualified  for 
being  registered  by  reason  only  that  he  is  not  a  British 
subject. 

Division  4 — Examinations 

Section  63.  (Repealed  by  Act  1595-1898.) 
Section  64.  Such  reasonable  fees  shall  be  paid  for  the 
certificate  to  be  granted  under  this  part  of  this  act  by  the 
dental  board  and  for  examination  by  the  said  board  as 
the  Governor-in-Council  from  time  to  time  by  regulation 
directs. 

Section  65.  If  it  appears  to  the  Governor-in-Council  that 
an  attempt  has  been  made  by  the  dental  board  to  impose  on 
any  candidate  offering  himself  for  examination  an  obligation 


VICTORIA  511 

to  adopt  or  refrain  from  adopting  the  practice  of  any  par- 
ticular theory  of  dental  surgery  or  dentistry  as  a  test  or 
condition  of  admitting  him  to  examination  or  granting  him 
a  certificate  of  fitness  under  this  part  of  this  act,  the 
Governor-in-Council  may  thereupon  issue  an  injunction  to 
the  said  board  directing  them  to  desist  from  such  practice. 


Division  5 — Miscellaneous 

Section  66.  Any  person  who  wilfully  procures,  or  attempts 
to  procure  himself,  or  any  other  person  to  be  registered  under 
this  part  of  this  act,  by  making  or  producing  or  causing  to  be 
made  or  produced,  any  false  or  fraudulent  representation  or 
declaration,  either  verbally  or  in  writing,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  on  conviction  thereof  be 
liable  to  be  imprisoned  for  any  term  not  exceeding  twelve 
months. 
Section  67.  (Repealed  by  Act  1595-1898.) 
Section  68.  All  offences  under  this  part  of  this  act  shall 
be  heard  and  determined  and  all  penalties  imposed  by  this 
part  of  this  act  shall  be  recovered  in  a  summary  manner 
before  two  justices  of  the  peace  in  petty  sessions,  and  all 
penalties  when  recovered  shall  be  paid  to  the  dental  board  to 
be  applied  toward  the  expenses  of  carrying  this  part  of  this 
act  into  effect. 
Section  69.  (Repealed  by  Act  1595-1898.) 
Section  70.  The  fees  mentioned  in  the  fourth  schedule 
to  this  act  shall  be  payable  by  persons  applying  to  be  regis- 
tered, or  obtaining  certificates  of  registration  under  this  part 
of  this  act,  or  inspecting  the  register  respectively,  and  shall 
be  applied  by  the  dental  board  in  such  manner  as  they  think 
fit  in  defraying  the  expenses  and  carr}'ing  out  the  provisions 
of  this  part  of  this  act. 

Section  71.    All  persons  registered  under  "The  Dentists' 
Act,  1887,"  or  under  this  part  of  this  act  shall  be  exempt  from' 
serving  in  the  militia. 


512     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 


Dentists'  Act,  No.  1595,  December  20,  1898 

Section  1. — This  act  may  be  cited  as  the  Dentists'  Act, 
1898,  and  shall  be  read  and  construed  as  one  with  Part  II  of 
the  Medical  Act  of  1890  (hereinafter  called  the  Principal  Act). 

Section  2.    Repeal  of  schedule. 

Section  3.    Reduction  of  members  of  dental  board. 

Section  4.  Appointment  of  members  of  board,  vacancies, 
qualifications,  mode  of  election,  etc. 

Section  5.  (Repealing  section  44  of  the  Medical  Act, 
supra.)  (1)  Examinations  for  the  purposes  of  this  and  the 
Principal  Act  shall  be  conducted  by  such  examiners  as  the 
dental  board  from  time  to  time  appoints  for  the  purpose. 

(2)  The  dental  board  shall  grant  certificates  of  fitness  or 
diplomas  in  such  form  as  may  be  prescribed  by  regulations 
under  this  act. 

(3)  The  dental  board  instead  of  requiring  any  person  to 
pass  an  examination  conducted  as  aforesaid  may  accept  in 
substitution  therefor  a  certificate  of  examination  in  any 
particular  subject  by  the  University  of  Melbourne,  the 
College  of  Pharmacy,  or  any  school  of  mines  or  any  public 
educational  institution  as  may  be  prescribed  in  the  regula- 
tions. Such  certificate  of  examination  shall  be  deemed  to 
have  the  like  force  and  effect  as  if  such  examination  had  been 
held  before  the  dental  board  or  examiners  appointed  by  such 
board. 

Section  6.  (Repealing  section  47  of  the  Medical  Act, 
supra.)  (1)  The  registrar  shall  from  time  to  time,  upon  being 
directed  by  the  dental  board  so  to  do,  insert  in  the  register 
any  alteration  which  comes  to  the  knowledge  of  the  dental 
board  in  the  name,  address,  or  qualifications  of  any  person 
registered  therein. 

(2)  The  dental  board  may  from  time  to  time  cause  to  be 
written  to  any  dentist  a  registered  letter  addressed  to  him  at 
his  last  known  address  to  inquire  whether  he  has  changed 
such  address  and  stating  that  if  no  answer  be  returned  to 
such  letter  within  a  period  of  six  months  from  the  date  of  the 


VICTORIA  513 

posting  thereof  the  dental  board  may  cause  the  name  of  such 
person  to  be  removed  from  the  register  and  the  board  may 
remove  the  said  name  accordingly.  Upon  the  personal 
apphcation  of  such  dentist  and  the  production  of  his  certi- 
ficate or  satisfactory  proof  of  his  former  registration  the  said 
board  shall  cause  his  name  to  be  restored  to  the  register. 

(3)  Every  dentist  changing  his  address  shall  notify  the 
dental  board  of  his  new  address. 

(4)  and  (5)  Duty  of  registrar  of  births. 

Section  7.  (Repealing  section  52  of  the  Medical  Act, 
supra.)  (1)  No  person  other  than  a  legally  qualified  medical 
practitioner  or  other  than  a  person  registered  under  "The 
Dentists'  Act,  1887,"  or  under  this  or  the  Principal  Act,  shall, 
nor  shall  any  company  (other  than  an  association  consisting 
wholly  of  registered  dentists),  take  or  use  or  by  inference 
adopt  the  name,  title,  words,  letters,  additions,  or  description 
of  "dentist,"  or  "dental  practitioner,"  or  "dental  surgeon," 
or  "surgeon  dentist,"  or  use  or  have  attached  to  or  exhibited 
at  his  or  its  place  of  business  or  residence  (either  alone  or  in 
combination  with  any  other  word  or  words  or  letters)  the 
word  "dental  company,"  or  "dental  institute,"  or  "dental 
hospital,"  or  "dental  college,"  or  "college  or  school  of  den- 
tistry," or  "mechanical  dentist,"  or  any  name,  title,  word, 
letters,  addition,  or  description  implying  or  tending  to  the 
belief  that  he  or  such  company  is  registered  under  "The 
Dentists'  Act,  1887,"  or  under  this  or  the  Principal  Act,  or 
that  he  or  such  company  is  qualified  to  practise  dentistry,  or 
is  carrying  on  the  practice  of  dentistry,  or  is  entitled  to  or  to 
use  such  name,  title,  word,  letters,  addition,  or  description. 

(2)  Any  person  or  company  guilty  of  a  contravention  of 
this  section  shall  on  conviction  be  liable  to  a  penalty  not 
exceeding  twenty  pounds  for  every  such  offence,  and  after 
any  conviction  for  any  offence  shall  be  liable  to  a  penalty  of 
five  pounds  for  every  day  during  which  such  contravention 
is  continued. 

Section  8.     (Repealing  section  54  of  the  Medical  Act, 
supra.)    Any  person  who  has  attained  the  age  of  twenty-one 
years  and  who : 
33 


514     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

(a)  is  registered  or  is  entitled  to  be  registered  in  the  United 
Kingdom  in  accordance  with  the  law  for  the  time  being  in 
force  therein  as  a  dentist  or  medical  practitioner;  or 

(b)  is  entitled  pursuant  to  the  express  provisions  of  this  or 
the  Principal  Act  to  be  registered  as  a  dentist;  or 

(c)  has  gone  through  such  course  of  study  and  professional 
practice  and  training  and  passed  such  examinations  before 
the  dental  board  or  examiners  appointed  by  the  dental  board 
and  has  obtained  from  the  dental  board  such  certificate  of 
fitness  or  diploma  to  practise  dental  surgery  or  dentistry  as 
the  said  board  by  regulations  approved  by  the  Governor-in- 
Council  has  prescribed,  shall  be  entitled  to  be  registered  as  a 
dentist. 

Section  9.  (Repealing  section  57  of  the  Medical  Act, 
supra.)  Any  person  who  upon  proof  to  the  satisfaction  of 
the  dental  board  that  he  holds  some  recognized  certificate 
as  defined  in  the  Principal  Act  granted  in  a  foreign  country, 
or  that  he  has  held  such  certificate  and  has  not  been  deprived 
thereof  for  any  cause  which  disqualifies  him  from  being 
registered  under  this  or  the  Principal  Act  and  that  he  is  of 
good  moral  character  upon  payment  of  the  registration  fees 
be  entitled  without  examination  to  be  registered  as  a  dentist. 

Section  10.  Notwithstanding  anything  contained  in  this 
or  the  Principal  Act  any  person  who  makes  application  to  the 
dental  board  to  be  examined  and  registered,  as  in  this  section 
provided,  and  satisfies  the  dental  board  that  at  the  time  o^  the 
commencement  of  this  act  he  either 

(a)  was  a  bona  fide  pupil  or  apprentice  of  or  to  a  dentist 
or  a  dental  college  in  Victoria  for  the  acquirement  of  pro- 
fessional knowledge  of  dentistry,  or 

(fe)  had  within  one  year  previously  been  a  bona  fide  pupil 
or  apprentice  of  or  to  a  dentist  or  a  dental  college  in  Victoria 
for  four  consecutive  years  for  the  acquirement  of  professional 
knowledge  of  dentistry,  shall  be  entitled  to  be  granted  a  cer- 
tificate of  fitness  and  registered  as  a  dentist  upon  passing 
such  examinations  and  fulfilhng  such  other  conditions  as 
would,  if  this  act  had  not  been  passed,  have  entitled  him  to 
such  certificate  and  to  be  so  registered. 


VICTORIA  515 

Section  11.  Provision  for  continuing  business  after  death 
of  dentist. 

Section  12.  (Repealing  section  63  of  the  ^Medical  Act, 
supra.)  (1)  The  dental  board  shall  from  time  to  time  hold 
or  cause  to  be  held  examinations  of  persons  desirous  of  quali- 
fying themselves  to  practise  dental  surgery  or  dentistry  and 
shall  grant  certificates  of  fitness  or  diplomas  to  practise 
dental  surger}'  or  dentistry  to  persons  who  passed  all  the 
examinations  and  fulfilled  all  the  conditions  prescribed  by 
regulations. 

(2)  The  dental  board  shall  admit  to  such  examinations 
any  person  desiring  to  be  examined  who  has  paid  the  fee  and 
fulfilled  the  conditions  prescribed. 

Section  13.  (Amending  section  64  of  the  Medical  Act, 
supra.)  In  section  sixty-four  of  the  Principal  Act  for  the 
words  "  Governor-in-Council  from  time  to  time  by  regulation 
directs"  there  shall  be  substituted  the  words  "said  board 
from  time  to  time  by  regulation  approved  by  the  Governor- 
in-Council  directs." 

Section  14.  It  shall  be  the  duty  of  every  dentist  who  has 
an  apprentice  to  allow  such  apprentice  a  reasonable  time  for 
the  purpose  of  attending  any  lectures  and  gaining  any  hos- 
pital practice  which  may  be  prescribed  as  part  of  the  course  of 
study  of  persons  desiring  to  be  registered  as  dentists,  and  such 
duty  shall  be  deemed  to  be  a  condition  of  the  contract  of  such 
apprenticeship  and  the  failure  or  refusal  to  allow  such  reason- 
able time  shall  be  a  breach  of  such  contract  or  apprenticeship. 

Section  15.  (Repealing  section  67  of  the  Medical  Act, 
supra.)  (1)  The  dental  board  shall  for  the  purpose  of  con- 
ducting any  investigation  or  inquiry  deemed  necessary  in  the 
administration  of  this  or  the  Principal  Act  have  all  the 
powers  conferred  upon  a  board  appointed  by  the  Governor- 
in-Council  under  sections  twelve  and  thirteen  of  the  Evidence 
Act,  1890. 

(2)  If  any  person  wilfully,  knowingly,  or  corruptly  utters 
or  attempts  to  utter  or  put  oil'  as  true  before  the  dental  board 
any  false,  forged,  or  counterfeit  certificate,  diploma,  license, 
letters  testimonial,  document,  or  writing,  he  shall  be  guilty  of 


516     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

a  misdemeanor,  and  being  convicted  thereof  shall  be  liable 
to  be  imprisoned  for  any  period  not  exceeding  one  year  for 
every  such  offence. 

Section  16.  (Repealing  section  69  of  the  Medical  Act, 
supra.)  (1)  The  dental  board  may,  with  the  consent  and 
approval  of  the  Governor-in-Council,  make  such  regulations 
as  the  said  board  thinks  fit  with  respect  to 

(a)  the  course  of  study,  professional  practice,  and  training 
and  examination  of  persons  desiring  to  obtain  certificates  of 
fitness  or  diplomas  entitling  them  to  practise  dental  surgery 
or  dentistry; 

(h)  the  granting  by  the  board  of  certificates  of  fitness  or 
diplomas  to  practise  dental  surgery  or  dentistry  and  the 
form  of  such  certificates  or  diplomas; 

(c)  the  keeping  of  the  register; 

(d)  the  registration  in  the  register; 

(e)  the  payment  of  fees  in  respect  of  certificates  and 
diplomas  granted  by  the  dental  board  and  in  respect  of 
examinations  held  by  the  dental  board  or  examiners  ap- 
pointed by  the  said  board; 

(/)  prescribing  what  examinations  the  dental  board  will 
recognize  as  a  substitute  for  examinations  by  such  board; 

(g)  prescribing  the  mode  in  which  the  election  of  members 
of  the  dental  board  by  dentists  shall  be  conducted;  and 

(h)  generally  for  carrying  this  and  the  Principal  Act  into 
effect. 

(2)  All  regulations  made  pursuant  to  this  or  the  Principal 
Act  shall  be  published  in  the  Government  Gazette,  and  when 
so  published  shall  have  the  force  of  law  and  shall  be  judicially 
noticed,  and  shall  be  laid  before  both  Houses  of  Parliament 
within  fourteen  days  after  the  same  shall  have  been  made  if 
Parliament  be  then  sitting,  and  if  not  then  within  ten  days 
after  the  next  meeting  of  Parliament. 

WESTERN  AUSTRALIA. 

1894,  Volume  III,  Statutes  1893-1895,  p.  450. 

Be  it  enacted  by  the  Queen's  Most  Excellent  Majesty,  by 


WESTERN  AUSTRALIA  517 

and  with  the  advice  and  consent  of  the  Legislative  Council 
and  Legislative  Assembly  of  Western  Australia,  in  this 
present  Parliament  assembled,  and  by  the  authority  of  the 
same,  as  follows: 

Section  L  This  act  may  be  cited  as  "The  Dentists  Act, 
1894,"  and  is  divided  into  parts  as  follows: 

Part  L     Dental  board,  ss.  3  to  8. 

Part  IL     Registration,  ss.  9  to  13. 

Part  in.     Miscellaneous,  ss.  14  to  19. 

Section  2.  Li  this  act  unless  the  context  otherwise 
requires : 

"Board"  shall  mean  the  dental  board  as  hereinafter 
constituted. 

"Dentist"  shall  mean  a  dentist  registered  under  this  act. 

"Minister"  shall  mean  the  responsible  Minister  of  the 
Crown  for  the  time  being  administering  this  act. 

"Register"  shall  mean  the  register  of  dentists  hereinafter 
mentioned,  and  "Registrar"  shall  mean  the  registrar  ap- 
pointed under  the  provisions  of  this  act. 

"Rules"  shall  mean  the  rules  for  the  time  being  made  and 
prescribed  by  the  board  under  this  act. 

"Medical  Practitioner"  shall  mean  a  legally  qualified  prac- 
titioner under  "The  Medical  Ordinance,  1869,"  or  any  act 
hereinafter  amending  the  same. 


PART  I 

Dental  Board 

Section  3.  (1)  For  the  purposes  of  this  act  there  shall  be 
a  board,  to  be  called  the  "Dental  Board,"  and  such  board 
shall  consist  of  three  medical  practitioners  and  (except  in  the 
first  instance)  three  dentists. 

(2)  Any  three  members  of  the  board  shall  form  a  quorum, 
and  the  board  may  act  notwithstanding  any  vacancy  or 
vacancies,  provided  the  number  of  the  board  be  not  reduced 
to  less  than  four. 


518     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

(3)  The  members  of  the  board  shall  appoint  one  of  their 
number  to  be  president,  who  shall  be  ex  officio  chairman  of  the 
board.  In  the  absence  of  the  president,  the  members  present 
at  any  meeting  may  elect  a  chairman  for  such  meeting. 
Each  member,  including  the  chairman,  shall  have  one  vote, 
and  the  chairman  shall,  in  addition  to  his  ordinary  vote,  have 
a  casting  vote  in  the  case  of  an  equality  of  votes.  All  ques- 
tions at  any  meeting  shall  be  determined  by  a  majority  of  the 
votes  of  the  members  present. 

(4)  The  members  shall  hold  office  three  years:  Provided 
that  any  member  elected  or  nominated  to  fill  any  vacancy 
caused  by  the  death,  resignation,  or  otherwise  of  a  member, 
shall  hold  office  so  long  only  as  his  predecessor  would  have 
done. 

Section  4.  The  Governor-in-Council  may  nominate  the 
first  board,  and  fill  any  vacancy  occuring  in  such  board.  The 
first  board  shall  consist  of  three  medical  practitioners  and 
three  persons  who  appear  to  be  entitled  to  be  registered  under 
this  act. 

Section  5.  At  the  end  of  the  first  three  years,  and  at  the 
end  of  every  succeeding  three  years  thereafter,  the  board  shall 
be  elected  by  the  medical  practitioners  and  dentists,  at  such 
times  and  in  such  manner  as  may  be  prescribed  by  rules. 
Any  vacancy  occurring  after  the  first  three  years  shall  be 
filled  by  election  in  the  same  manner.  In  default  of  any 
election  to  fill  any  vacancy,  or  if  five  members  be  not  elected 
at  any  election,  the  Governor-in-Council  may  nominate  a 
sufficient  number  to  complete  the  board. 

Section  6.  (1)  The  board  may  with  the  approval  of  the 
Governor-in-Council  from  time  to  time  make  and  prescribe, 
amend,  repeal,  and  add  to  all  such  rules  as  to  the  board  may 
seem  meet: 

(a)  For  fixing  the  time  and  regulating  the  election  of 
members  of  the  board. 

(6)  For  the  examination  of  persons  claiming  to  be  regis- 
tered as  dentists,  and  for  determining  the  qualifications 
to  be  held  and  the  evidence  to  be  produced  by  any  such 
persons. 


WESTERN  AUSTRALIA  519 

(c)  For  requiring  and  regulating  the  registration  of  all 
articles  of  apprenticeship,  under  which  apprentices  or 
students  to  dentists  are  now  or  may  hereafter  be  serving. 

(d)  For  regulating  the  meetings  and  proceedings  of  the 
board,  and  the  conduct  of  their  business. 

(e)  For  generally  carrying  into  efi'ect  the  objects  of  this 
act. 

(2)  By  any  such  rules  the  board  may  impose  and  provide 
for  the  recovery  of  fines  and  penalties  from  any  person  or 
persons  subject  thereto,  and  prescribe  a  scale  of  fees  to  be 
charged  and  paid  in  respect  of  any  proceedings  or  registra- 
tion under  this  act  or  the  rules. 

(3)  All  such  rules  as  aforesaid  shall,  where  the  nature  of 
the  case  permits,  state  some  maximum  fine  or  penalty  for  any 
neglect  or  breach  thereof  respectively,  provided  that  no  such 
fine  or  penalty  shall  exceed  ten  pounds. 

Section  7.  The  board  shall  have  power  to  appoint  and 
pay,  and  to  dismiss,  an  examiner  or  examiners,  and  a  regis- 
trar, and  such  other  ofhcers  as  the  board  may  deem  necessary 
for  carrying  out  this  act  and  the  rules,  and  all  such  persons 
shall  hold  office  subject  to  the  rules. 

Section  8.  The  board  may,  in  its  own  name,  by  its  regis- 
trar or  any  person  thereunto  authorized  in  writing  under  the 
hand  of  the  chairman,  commence,  carry,  prosecute,  and 
defend  any  action,  complaint,  information,  or  proceeding 
whatsoever,  both  civil  and  criminal. 


PART  II 

Registration 

Section  9.  A  register  shall  be  kept  by  the  registrar,  and 
shall  contain  the  names,  addresses,  and  descriptions  of  all 
dentists  for  the  time  being  registered  under  this  act. 

The  register  shall  be  kept  in  such  manner  and  form  and 
contain  such  particulars  as  prescribed  by  the  rules,  and  shall 


520     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

at  all  times  be  open  to  inspection  by  any  person  on  payment 
of  a  fee  not  exceeding  two  shillings  and  sixpence. 

Such  alterations  and  amendments  may  be  made  in  the 
register  as  the  board  may  from  time  to  time  direct,  for  the 
purpose  of  making  the  same  an  accurate  record  of  the  names 
and  addresses  and  descriptions  from  time  to  time  of  the 
registered  dentists  for  the  time  being. 

Section  10.  Every  person  above  the  age  of  twenty-one 
years,  and  of  good  character,  shall  be  entitled  to  be  registered 
as  a  dentist  under  this  act,  who  having  observed  the  rules, 
shall  prove  to  the  satisfaction  of  the  board : 

(a)  That  he  is  registered  as  a  dentist  in  any  part  of  the 
United  Kingdom,  in  accordance  with  the  law  for  the  time 
in  force  therein;  or 

(b)  That  he  is  at  the  passing  of  this  act  engaged  in  any 
part  of  Western  Australia  in  the  practice  of  dentistry  or  den- 
tal surgery,  and  is  duly  registered  within  twelve  months 
from  the  passing  of  this  act;  or 

(c)  That  he  has  been  continuously  engaged  during  a  period 
of  not  less  than  four  years  as  an  apprentice  or  student  to  a 
dentist,  and  has  passed  such  examinations  as  may  be  pre- 
scribed by  the  rule;  or 

(d)  That  he  has  for  not  less  than  four  years  practised 
dentistry  or  dental  surgery  in  some  part  of  Her  Majesty's 
dominions  or  in  the  United  States  of  America,  and  holds 
such  certificate,  diploma,  or  degree,  and  has  passed  such 
examinations  as  may  be  prescribed  by  the  rules.  (As 
amended  by  Amendment  Act  of  1899,  No.  23.) 

Section  11.  Repealed  by  section  3  of  the  act  of  1899, 
No.  23. 

Section  12.  The  name  of  any  dentist  registered  under  this 
act  who,  either  before  or  after  the  passing  hereof,  and  either 
before  or  after  he  is  so  registered,  shall  be  convicted  in  any 
part  of  Her  Majesty's  dominions  or  elsewhere  of  a  felony  or 
misdemeanor  (not  being  a  political  offence)  shall  be  erased 
from  the  register. 

Section  13.  A  copy  of  the  register  purporting  to  be  certi- 
fied as  a  true  copy  by  the  registrar  shall,  in  the  courts  of  law, 


WESTERN  AUSTRALIA  521 

be  prima  facie  evidence  that  the  person  or  persons  therein 
specified  are  registered  dentists,  and  the  absence  of  the  name 
of  any  person  from  such  copy  shall  be  prima  facie  evidence 
that  such  person  is  not  so  registered. 


PART  III 

Miscellaneous 

Section  14.  Any  person  who 

(1)  Wilfully  makes  or  causes  to  be  made  any  falsification 
in  any  matter  relating  to  the  register;  or 

(2)  Knowingly  presents  or  causes  to  be  presented  to  the 
board  any  forged,  false,  or  counterfeit  certificate,  diploma, 
degree,  license,  or  other  document;  or 

(3)  Personates  or  wrongfully  represents  himself  as  being 
the  person  referred  to  in  any  such  certificate,  diploma,  de- 
gree, license,  or  other  document;  or 

(4)  Wilfully  procures  or  attempts  to  procure  himself  or  any 
other  person  to  be  registered  under  this  act  by  making  or 
producing  or  causing  to  be  made  or  produced,  any  false  or 
fraudulent  declaration,  or  representation,  either  verbally  or 
in  writing;  or 

(5)  Wilfully  makes  any  false  statement  in  any  declaration 
required  by  the  board  under  this  act,  or  the  rules;  or 

(6)  Wilfully  makes  any  false  statement  upon  any  exami- 
nation by  the  board  as  hereinafter  mentioned,  shall  be  guilty 
of  a  misdemeanor  and  shall,  on  conviction  thereof,  be  liable 
to  be  imprisoned  for  a  term  not  exceeding  two  years. 

Section  15.  From  and  after  the  passing  of  this  act,  no 
person  other  than  a  registered  dentist  for  the  time  being,  or 
medical  practitioner,  shall  be  entitled 

(1)  To  take  or  use  the  name  or  title  of  "Dentist"  or 
"Dental  Surgeon,"  or  any  other  name,  words,  title,  or 
description,  either  alone  or  in  conjunction  with  any  other 
word  or  words  implying  or  tending  to  the  belief  that  he  is 
entitled  to  practise  dentistry  or  dental  surgery;  or 


522     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

(2)  To  practise  dentistry  or  dental  surgery,  or  perform  any 
dental  operation  or  service;  and  every  person  who  takes  or 
uses  any  such  name,  title,  word,  or  description,  or  practises 
dentistry  or  dental  surgery  or  performs  any  dental  operation 
or  service  contrary  to  this  section,  shall  be  liable  for  each 
and  every  such  offence,  upon  conviction,  to  a  penalty  not 
exceeding  twenty  pounds; 

Provided,  That  this  section  shall  not.  apply  to  any  person 
entitled  to  be  registered  under  section  ten,  subsection  (6) 
and  who  is  duly  registered  within  twelve  months  from  the 
passing  of  this  act;  nor  to  any  person  who  may  extract  teeth 
at  any  place  more  than  ten  miles  from  the  place  of  business 
of  the  nearest  practising  dentist. 

Section  16,  No  person  other  than  a  registered  dentist  for 
the  time  being,  or  a  medical  practitioner  shall  be  entitled  to 
sue  or  proceed  in  any  court  of  law  for  the  recovery  of,  or  be 
allowed  to  counterclaim  for,  or  set  off,  any  fees  or  remunera- 
tion for  the  performance  of  any  dental  operation,  service, 
work,  or  attendance. 

Section  17.  The  board  may  require  the  attendance  of  any 
person  who  applies  for  registration,  and  may  examine  or 
question  any  such  person,  or  any  witness  who  may  be  pro- 
duced before  the  board,  upon  oath  or  affirmation;  and  for 
any  such  purposes  the  chairman  of  the  board  may  administer 
any  oath  or  affirmation. 

Section  18.  All  offences,  penalties,  fines,  or  fees  under 
this  act  or  the  rules  may  be  tried  and  determined,  enforced 
and  recovered  summarily,  before  any  two  or  more  Justices 
of  the  Peace  in  petty  sessions.  All  penalties  recovered 
under  this  act  or  the  rules  shall,  as  to  one-half  thereof,  be 
paid  to  the  Crown  and  as  to  the  other  half  thereof  to  the 
board. 

Section  19.  Sections  A,  C,  F,  G,  and  H  of  "The  Shorten- 
ing Ordinance,  1853,"  shall  be  incorporated  with  and  taken 
to  form  part  of  this  act  to  all  intents  and  purposes,  and  in  as 
full  and  complete  a  manner  as  if  the  said  sections  had  been 
introduced  and  fully  set  forth  in  this  act. 


WESTERN  AUSTRALIA  523 


Dentists'  Act,  1899,  Amending  Act,  1894 

Section  1.  This  act  may  be  cited  as  the  Dentists'  Act, 
Amendment  Act,  1899,  and  shall  be  construed  as  one  with  the 
Dentists'  Act,  1894,  hereinafter  called  the  Principal  Act. 

Section  2.  Amendment  of  paragraph  (d)  of  section  ten  of 
the  Principal  Act. 

Section  3.  Repeal  of  section  eleven  of  the  Principal 
Act. 

Section  4.  (1)  A  written  certificate,  purporting  to  be 
signed  by  the  registrar,  and  stating  that,  at  a  date  named 
therein,  a  person  was  or  was  not  registered,  shall  be  received 
as  prima  facie  evidence  of  the  truth  of  such  statement. 

(2)  Every  registered  dentist  shall,  on  payment  of  a  fee  of 
five  shillings,  be  entitled  to  a  certificate  that  he  is  registered. 

(3)  When  any  person  is  charged  under  section  fifteen  of 
the  Principal  Act  with  any  act  which  is  unlawful,  except  for 
a  registered  dentist  or  medical  practitioner,  the  burden  of 
proving  that  the  accused  person  is  such  dentist  or  practitioner 
shall  rest  on  the  accused  person. 

(4)  In  a  prosecution  under  section  fifteen  of  the  Principal 
Act  it  shall  not  be  necessary  to  prove 

(a)  That  the  accused  person  received  any  remuneration 
or  reward  in  connection  with  the  act,  matter,  or  thing  com- 
plained of;  or 

(6)  The  election  and  constitution  of  the  board,  the  election 
of  any  person  purporting  to  act  or  sign  as  chairman,  or  the 
appointment  of  any  person  purporting  to  act  as  president 
or  registrar. 

(5)  Upon  the  conviction  of  anj'  person  for  the  second 
offence  under  section  fifteen  of  the  Principal  Act,  he  shall  be 
liable  to  a  fine  not  exceeding  fifty  pounds. 

Section  5.  The  seal  of  the  board  shall  be  judicially 
noticed  by  all  courts  and  persons  by  the  law  authorized  to 
receive  evidence  upon  oath. 

Section  6.  Every  registered  dentist  may  withdraw  his 
name  from  the  register  by  writing  under  his  hand  addressed 


524     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

to  the  president,  chairman,  or  registrar  of  the  board,  and 
shall  thereupon  cease  to  be  a  registered  dentist. 

Section  7.  During  the  month  of  January  next  following 
the  passing  of  this  act,  and  thenceforth  in  the  month  of 
January  in  every  year,  every  registered  dentist  shall  pay  to 
the  board  an  annual  license  fee  of  two  guineas,  and  on  failing 
to  make  such  payment  shall  cease  to  be  a  registered  dentist; 
but  the  board  may  at  any  time  restore  to  the  Register  the 
name  of  any  dentist  failing  to  make  such  payment  on  receiv- 
ing all  arrears,  and  on  payment  of  such  fines  as  may  be  pre- 
scribed by  the  rules. 

Section  8.  All  penalties  recovered  under  the  Principal 
Act  or  this  act  or  the  rules  shall  be  paid  to  the  board. 


CAPE  OF  GOOD  HOPE 

1891,  Statutes  1652-1905,  Vol.  II,  p.  2909. 

Section  1.  This  act  may  be  cited  as  the  "Medical  and 
Pharmacy  Act,  1891." 

Section  2.  This  act  shall  take  effect  on  such  day  as  the 
Governor  shall  appoint  by  Proclamation  in  the  Gazette,  but 
the  eighth  section  hereof  shall  take  effect  forthwith  after  the 
passing  of  this  act. 

Section  3.  "Dentist"  means  every  person  duly  licensed 
and  bona  fide  engaged  on  or  before  the  1st  of  June,  1891,  in 
the  practice  of  dentistry  or  dental  surgery  in  this  colony, 
either  separately  or  in  addition  to  his  practice  as  a  physician, 
surgeon,  accoucheur,  apothecary,  or  chemist  and  druggist, 
and  also  every  person  duly  qualified  by  license  and  registra- 
tion under  this  act  to  practise  as  a  dentist  within  this  colony. 
.  "  Council"  means  the  Colonial  Medical  Council  established 
under  this  act; 

"Board"  means  the  Colonial  Pharmacy  Board  established 
under  this  act. 

Section  4.    Repeal  of  enactments. 

Section  5.  On  the  day  of  taking  effect  of  this  act  the 
Colonial  Medical  Committee  now  established  shall  cease  to 


CAPE  OF  GOOD  HOPE  525 

exist,  and  on  and  after  the  said  day  there  shall  be  established 
in  this  colony 

(a)  a  body  to  be  styled  the  Colonial  IMedical  Council,  and 

(6)  a  body  to  be  styled  the  Colonial  Pharmacy  Board. 

Section  6.  The  council  shall  consist  of  seven  medical 
practitioners  and  one  dentist,  of  whom  three  medical  prac- 
titioners and  the  dentist  shall  be  nominated  by  the  Governor; 
and  four  medical  practitioners  shall  be  elected  by  the  medical 
practitioners  of  the  colony,  in  manner  hereafter  provided. 

Section  7.  The  board  to  consist  of  one  member  of  council 
and  five  chemists  and  druggists. 

Section  8.    Mode  of  election. 

Section  9.    Term  of  office. 

Section  10.    Governor  to  fix  day  of  first  meeting. 

Section  11.  The  dentist  appointed  as  a  member  of  the 
council  as  aforesaid  shall  be  entitled  to  be  present  at  all  meet- 
ings of  the  council,  but  unless  such  dentist  be  also  a  qualified 
medical  practitioner,  shall  not  be  entitled  to  take  part  in  the 
discussion  of  or  to  vote  upon  any  question  or  matter  brought 
before  the  council  unless  it  be  by  resolution  of  the  majority 
determined  to  be  a  question  or  matter  relating  to  dentistry 
or  dental  surgery;  provided  that  such  dentist  shall,  however, 
be  qualified  to  vote  for  the  election  of  some  other  member  as 
president  of  the  council. 

Section  12.  Council  and  board  to  make  rules  and  regula- 
tions. 

Section  13.    Proceedings  of  meetings  of  council  or  board. 

Section  14.  The  council  or  board  shall  have  power  to 
appoint  an  executive  committee  out  of  their  own  body  of 
which  the  quorum  shall  not  be  less  than  three,  and  to  delegate 
to  such  committee  such  powers  and  duties  vested  in  the 
council  or  board  as  the  council  or  board  shall  think  fit. 

Section  15.  The  council  or  board  may  respectively  from 
time  to  time  appoint  a  secretary  at  a  reasonable  salary,  and 
may  by  resolution  remove  such  secretary  from  his  office. 

Section  16.    Future  elections  to  be  regulated  by  section  8. 

Section  17.  Every  person  who,  on  the  day  before  the 
taking  effect  of  this  act,  shall  be  in  this  colony 


526      STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

(a)  duly  admitted  and  lawfully  qualified  to  practise  as 
physician,  surgeon,  or  accoucheur,  or 

(6)  duly  licensed  as  an  apothecary,  or  chemist  and  drug- 
gist, and 

(c)  every  person  whosoever  on  or  before  June  1st,  1891, 
shall  have  been  in  this  colony  duly  licensed  as  a  dentist  and 
bona  fide  engaged  in  the  practice  of  dentistry  or  dental  sur- 
gery, either  separately  or  in  addition  to  his  practice  as  a 
physician,  surgeon,  accoucheur,  apothecary,  or  chemist  and 
druggist, 

shall  notwithstanding  the  passing  of  this  act,  be  entitled  to 
continue  to  practise  or  carry  on  his  calling  as  aforesaid  with- 
out obtaining  the  license  referred  to  in  the  eighteenth  and 
twenty-third  sections,  as  the  case  may  be,  provided  that 

(1)  The  names,  addresses,  and  qualifications  of  all  such 
persons  shall  as  soon  as  may  be,  after  the  day  appointed  as 
aforesaid,  be  entered  in  the  register  referred  to  in  this  act. 

(2)  Every  such  person  shall  on  and  after  the  said  day  be 
amenable  to  all  the  provisions  of  this  act  or  of  any  law 
relating  to  physicians,  doctors,  surgeons,  dentists,  apothe- 
caries, or  chemists  and  druggists,  as  the  case  may  be; 

(3)  Every  such  dentist  as  aforesaid  shall  be  placed  upon 
the  aforesaid  register,  upon  production  to  the  secretary  of 
the  council  within  two  months  after  the  aforesaid  day  of  a 
declaration  in  the  form  in  Schedule  A  to  this  act,  signed  by 
him  and  setting  forth  his  name  and  address,  and  his  qualifi- 
cation, if  any,  for  the  practice  of  dentistry  or  dental  surgery; 

(4)  No  omission  of  or  mistake  in  any  entry  which  should 
be  made  in  the  aforesaid  register  in  accordance  with  para- 
graph (1)  of  this  section  shall  be  deemed  to  prejudice  the 
right  of  the  person,  in  respect  of  whose  name,  address,  or 
qualifications  such  omission  or  mistake  has  occuured,  to 
practise  as  aforesaid  if  duly  licensed  and  lawfully  entitled. 

Section  18.  On  and  after  the  day  on  which  this  act  takes 
effect,  no  person  shall  be  admitted  to  practise  or  be  registered 
as  a  medical  practitioner,  or  dentist,  unless  he  has  obtained  a 
license  signed  by  the  Colonial  Secretary,  on  the  recommenda- 
tion of  the  council ;  and  previously  to  obtaining  such  license. 


CAPE  OF  GOOD  HOPE  527 

such  person  shall  submit  his  diploma  or  other  certificate  of 
his  being  duly  qualified  to  practise  as  a  physician  and  sur- 
geon, or  as  a  dentist,  as  the  case  may  be,  for  the  examination 
and  approval  of  the  council,  who  may  require  by  sworn 
declaration  before  a  justice  of  the  peace  or  by  other  evidence 
such  proof  of  identity  and  good  character  of  such  person,  of 
the  authenticity  of  such  diploma  or  certificate,  and  of  the 
right  of  the  holder  to  practise  elsewhere  under  such  diploma 
or  certificate,  as  they  shall  deem  fit,  and  any  person  wilfully 
making  a  false  statement  in  such  declaration  shall  be  liable 
to  the  penalties  by  law  provided  for  the  crime  of  perjury: 
Provided,  That  the  Governor  may  at  any  time  within  three 
months  from  the  date  of  the  taking  effect  of  this  act,  any- 
thing in  this  act  or  any  other  law  to  the  contrary  notwith- 
standing, grant  a  license  to  be  admitted  as  a  medical  or  dental 
practitioner  to  any  person  with  whose  qualification  and 
experience  he  is  satisfied,  and  who  in  the  case  of  a  medical 
practitioner  before  the  said  date,  shall  for  a  period  of  twenty 
years,  and  in  the  case  of  a  dentist  for  a  period  of  three  years 
and  upwards  have  been  continuously  practising  as  a  physi- 
cian, surgeon,  accoucheur  or  dentist  in  this  Colony,  and  the 
names  of  such  persons  shall  thereupon  be  entered  in  the 
register  referred  to  in  this  act. 

Section  19.  Where  the  council  have  refused  to  approve 
of  the  diploma  or  certificate  submitted  in  terms  of  the  last 
preceding  section  by  any  persons  desirous  of  being  registered 
as  a  medical  practitioner  or  dentist,  the  Supreme  Court,  on 
application  made  to  them  by  such  person,  may  after  com- 
municating with  the  council,  order  that  a  license  be  issued  to 
the  applicant,  in  case  the  Supreme  Court  shall  be  of  opinion 
that  the  council  have  not  adhered  to  the  regulations  in  the 
next  section  mentioned,  and  the  name  of  such  applicant 
shall  thereupon  be  entered  in  the  register  referred  to  in 
this  act. 

Section  20.  The  council  shall  by  regulations  approved  by 
the  governor  and  published  as  in  this  act  is  provided  from 
time  to  time  prescribe  and  define  what  diplomas  or  certifi- 
cates will  be  entertained  by  the  council  in  any  application 


528     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

by  any  person  to  obtain  a  license  as  a  medical  practitioner  or 
dentist  under  this  act,  and  no  diploma  or  certificate  shall  be 
included  by  the  council  in  such  regulations  which  does  not 
furnish  in  the  opinion  of  the  council  a  sufficient  guarantee  of 
the  possession  by  the  holder  of  the  requisite  knowledge  and 
skill  for  efficient  practice  as  a  medical  practitioner  or  dentist, 
as  the  case  may  be. 

Section  21.  Military  or  naval  medical  officers  may  exer- 
cise their  profession  without  license. 

Section  22.  (Repealed  by  Act  7,  1899,  section  7,  which 
reads  as  follows:)  Every  medical  practitioner  registered 
under  the  said  act  shall  be  entitled  to  practise  as  an  accouch- 
eur and  dentist  and  may  compound  and  dispense  medicines 
prescribed  by  himself  or  any  other  medical  practitioner  with 
whom  he  is  in  partnership  or  with  whom  he  is  professionally 
associated,  either  as  principal  or  assistant,  upon  payment  to 
the  government  of  an  annual  license  fee  of  two  pounds  ten 
shillings  sterling :  Provided,  That  no  medical  practitioner  shall 
be  required  to  pay  any  annual  license  fee  for  merely  com- 
pounding or  dispensing  any  medicines  prescribed  by  him  for 
and  on  behalf  of  the  government :  and  provided  further  that 
the  partner,  principal,  or  assistant  of  any  medical  practi- 
tioner who  has  paid  the  license  fee  as  aforesaid  shall  be 
entitled  without  payment  of  any  license  fee  to  compound 
and  dispense  in  the  dispensary  of  the  said  medical  practi- 
tioner medicines  prescribed  by  himself  or  the  said  medical 
practitioner,  as  the  case  may  be. 

Section  23.  Who  may  obtain  license  to  practise  as 
chemist  or  druggist. 

Section  24.    Candidate  must  satisfy  board. 

Sections  25  to  32.    Chemists,  druggists,  midwives,  nurses. 

Section  33.  No  person  shall  be  deemed  to  be  disqualified 
to  be  duly  admitted,  licensed,  and  registered  to  practise  as  a 
medical  practitioner,  dentist,  or  chemist  and  druggist,  merely 
by  reason  that  such  person  is  a  female. 

Section  34,  Any  person  who  shall  wilfully  procure  or 
attempt  to  procure  himself  or  any  other  person  to  be  licensed 
and  registered  under  this  act,  by  making  or  producing  or 


CAPE  OF  GOOD  HOPE  529 

causing  to  be  made  or  produced  any  false  or  fraudulent 
representation,  either  verbally  or  in  writing,  not  amounting 
to  the  crime  of  perjury,  and  every  person  aiding  and  assisting 
him  therein,  shall  on  conviction  thereof,  be  liable  to  be 
imprisoned  with  or  without  hard  labor  for  any  term  not 
exceeding  twelve  months. 

Section  35.  Any  person  who  shall  wilfully  and  falsely 
pretend  to  be  or  take  or  use  the  name  or  title  of  a  physician, 
doctor  of  medicine,  licentiate  in  medicine  or  surgery,  bachelor 
of  medicine,  surgeon,  general  practitioner,  or  apothecary,  or 
dentist,  or  chemist  and  druggist,  or  any  name,  title,  addition, 
or  description  implying  that  he  is  licensed  or  registered  under 
this  act  or  that  he  is  duly  qualified  to  practise  as  a  physician, 
or  surgeon,  or  licentiate  in  medicine  and  surgery,  or  a  prac- 
titioner in  medicine,  or  an  apothecary,  or  a  dentist,  or  a 
chemist  and  druggist,  and  any  person  who  shall  practise  as  a 
medical  practitioner,  dentist  or  chemist  and  druggist,  without 
such  license  as  aforesaid,  shall  be  liable  to  a  fine  of  not  ex- 
ceeding one  hundred  pounds  for  each  offence,  and  in  default 
of  payment,  he  shall  be  liable  to  be  imprisoned  with  or  w^ith- 
out  hard  labor  for  a  period  not  exceeding  six  months,  unless 
such  fine  be  sooner  paid. 

And  no  person  who  is  charged  with  a  contravention  of  this 
section  for  practising  as  a  dentist  or  a  chemist  and  druggist 
without  a  license  shall  be  acquitted,  by  reason  of  the  fact 
that  he  is  in  the  employ  of,  or  is  agent  for,  a  person  duly 
licensed  to  practise  as  aforesaid,  unless  he  is  under  the  actual 
personal  supervision  and  control  of  some  duly  licensed  den- 
tist, or  chemist  and  druggist,  as  the  case  may  be. 

Section  36.  There  shall  be  kept  in  the  office  of  the  Colonial 
Secretary  a  correct  register  of  the  names,  addresses,  date  of 
admission,  license  or  certificate,  and  qualifications  of  all 

(1)  INIedical  practitioners, 

(2)  Dentists, 

(3)  Chemists  and  druggists, 

(4)  Certified  midwives,  and 

(5)  Trained  nurses  in  this  Colony;  which  register  shall  be 
kept  in  five  corresponding  parts, 

34 


530     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

and  the  person  appointed  by  the  Colonial  Secretary  to  keep 
such  register  shall  make  entries  therein  in  accordance  with 
information  to  be  from  time  to  time  supplied  by  the  secretary 
of  the  council  in  respect  of  medical  practitioners,  dentists, 
certified  midwives  and  trained  nurses,  and  by  the  secretary  of 
the  board  in  respect  of  chemists  and  druggists,  and  shall  from 
time  to  time  erase  the  names  of  all  registered  persons  re- 
ported to  him  by  the  secretary  of  the  council  of  the  board, 
known  to  him  to  have  died,  and  shall  from  time  to  time  make 
necessary  alterations  in  the  addresses  or  statements  of  quali- 
fication of  the  persons  registered  under  this  act:  and  to 
enable  the  register  to  be  properly  kept,  it  shall  be  lawful  for 
the  secretary  to  the  council  or  board  to  write  and  forward  a 
duly  registered  letter  to  any  registered  person  addressed  to 
him  according  to  his  address  on  the  register,  to  inquire 
whether  he  has  ceased  to  practise  or  has  changed  his  resi- 
dence, and  if  no  answer  shall  be  returned  to  such  letter 
within  the  period  of  six  months  from  the  sending  of  the 
letter,  it  shall  be  lawful  to  erase  the  name  of  such  person 
from  the  register:  Provided,  always,  That  the  same  may  be 
restored  at  the  request  of  the  council  or  board,  as  the  case 
may  be,  and  that  the  erasure  of  his  name  under  this  section 
shall  not  be  deemed  to  disqualify  any  person  duly  licensed 
or  certified  from  practising  the  profession  or  carrying  on  the 
calling  in  respect  of  which  such  person  is  duly  licensed  or 
certified. 

Section  37.  Every  person  registered  under  this  act,  who 
may  have  obtained  any  degree  or  qualification  other  than  the 
degree  or  qualification  in  respect  of  which  he  may  be  regis- 
tered, may  have  such  other  degree  or  qualification  inserted 
in  the  register  in  substitution  for  or  in  addition  to  the  degree 
or  qualification  already  registered  at  the  request  of  the  council 
or  board,  as  the  case  may  be,  and  on  payment  of  such  fee  as 
may  be  prescribed  by  the  regulations  made  by  the  council  or 
board,  as  the  case  may  be  and  approved  of  and  published  as 
in  this  act  is  provided. 

Section  38.  No  degree  or  qualification  shall  be  entered 
on  the  register,  either  on  the  first  registration  or  by  way  of 


CAPE  OF  GOOD  HOPE  531 

addition  to  a  registered  name  or  as  in  the  last  section  men- 
tioned, unless  the  council  or  board,  as  the  case  may  be,  be 
satisfied  by  the  proper  evidence  that  the  person  claiming  is 
entitled  to  it,  and  any  entry  which  shall  be  proved  to  the 
satisfaction  of  the  council  or  board,  to  have  been  fraudulently 
or  incorrectly  made  may  be  erased  from  the  register:  Pro- 
vided, That  a  record  of  the  reason  for  every  such  erasure  shall 
be  signed  by  the  Under  Colonial  Secretary  and  kept  in  the 
office  of  the  Colonial  Secretary. 

Section  39.  The  Colonial  Secretary  shall  at  the  request  of 
the  council  or  board,  as  the  case  may  be,  cause  to  be  erased 
from  the  register  the  name  of  any  person  who  either  before 
or  after  the  passing  of  this  act  may  have  been  declared 
disqualified  for  practice  or  whose  name  may  have  been  struck 
off  the  roll,  register,  or  record  of  the  hospital,  university, 
college,  or  other  body  in  this  colony  or  elsewhere  from  which 
such  person  received  any  diploma,  degree,  certificate,  or 
other  instrument  upon  the  faith  of  which  such  person  was 
admitted  to  practise  or  obtain  a  license  in  this  colony,  and 
thereupon  such  person  shall  no  longer  be  deemed  to  be  a 
medical  practitioner,  dentist,  or  chemist  and  druggist  as  the 
case  may  be:  Provided,  That  the  Colonial  Secretary,  before 
causing  the  name  of  such  person  to  be  erased,  shall  be  satis- 
fied that  such  person  has,  if  possible,  had  an  opportunity  of 
showing  cause  before  the  council  or  board,  as  the  case  may 
be,  why  his  name  should  not  be  erased  from  such  register. 

Section  40.  (Repealed  by  Act  7,  1899,  section  13,  which 
reads  as  follows:)  If  any  person  licensed  or  certified  under 
this  act  shall,  after  due  inquiry,  at  which  such  person  shall 
have  an  opportunity  of  being  heard,  be  judged  by  the  council 
or  board,  as  the  case  may  be,  to  have  been  guilty  of  improper 
or  unprofessional  conduct,  the  council  or  board,  as  the  case 
may  be,  may  reprimand  or  caution  in  writing,  under  the  hand 
of  the  president  or  chairman,  as  the  case  may  be,  such  person, 
and  if  such  improper  or  unprofessional  conduct  be  persisted 
in  by  such  person  after  due  receipt  of  such  reprimand  or 
caution,  or  if  the  council  or  board,  as  the  case  may  be,  shall 
judge  such  person  after  such  inquiry  to  have  been  guilty  of 


532     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

infamous  or  disgraceful  conduct  in  any  professional  or  other 
respect,  the  Governor  may,  if  he  sees  fit,  direct  that  the  name 
of  such  person  be  erased  from  the  register,  and  that  his  license 
be  withdrawn  and  cancelled,  and  the  council  or  board,  as  the 
case  may  be,  shall  make  such  inquiry  upon  bona  fide  informa- 
tion or  complaint  laid  by  any  member  of  the  public  or  by  the 
minister  in  control  of  the  administration  of  the  law  protecting 
public  health :  Provided,  That  the  name  of  such  person  may 
be  restored  thereafter  to  the  register  on  the  request  of  the 
council  or  board,  as  the  case  may  be,  and  provided  that  no 
person  whose  name  shall  be  erased  from  the  register  under 
this  and  the  last  preceding  section  shall  be  deemed,  merely 
by  reason  that  such  person  shall  remain  in  possession  of  a 
license  or  certificate,  to  be  qualified,  licensed,  or  certified  to 
practise  the  profession  or  carry  on  the  calling  to  which  such 
license  or  certificate  relates. 

Section  41.  Any  license  or  certificate  obtained  either  be- 
fore or  after  the  taking  eftect  of  this  act  by  means  of  any  false 
or  fraudulent  representation  or  personation,  shall  be  void,  and 
any  person  holding  or  practising  by  virtue  of  any  such  license 
or  certificate  shall  be  liable  to  the  penalties  provided  by  the 
thirty-fourth  section  of  this  act,  for  practising  without  a 
■  license. 

Sections  42  to  54.    Keeping  and  sale  of  poisons. 

Section  55.  It  shall  be  lawful  for  the  secretary  of  the 
council  or  board,  as  the  case  may  be,  or  any  person  duly 
authorized  in  writing  under  the  hand  of  the  president,  to 
take  and  institute  any  proceedings,  civil  and  criminal,  on 
behalf  of  the  council  or  board,  but  nothing  herein  contained 
shall  be  deemed  to  deprive  any  person  of  any  right  which 
but  for  this  section,  he  would  have  to  institute  any  proceed- 
ings, civil  or  criminal,  against  any  other  person. 

Section  56.  If  in  any  proceedings,  civil  or  criminal,  it 
shall  be  material  to  determine  whether  any  person  be  or  be 
not  in  any  capacity  duly  licensed  or  certified  under  this  act, 
a  certificate,  under  the  hand  of  the  under  Colonial  Secretary, 
to  the  effect  that  such  person  is  or  is  not,  as  the  case  may  be, 
duly  licensed  and  registered  in  such  capacity,  shall  be  deemed 


CAPE  OF  GOOD  HOPE  533 

and  taken  to  be  sufficient  prima  facie  proof  of  the  fact  alleged 
in  such  certificate. 

Section  57.  The  council  shall  be  deemed  to  be  concerned 
with  and  interested  in  matters  arising  out  of  or  in  connection 
with  so  much  of  this  act  as  deals  with  medical  practitioners 
and  dentists,  and  the  board  shall  be  deemed  to  be  concerned 
with  and  interested  in  matters  arising  out  of  and  in  connec- 
tion with  so  much  of  this  act  as  deals  with  apothecaries  and 
chemists  and  druggists. 

Section  58.  All  rules  or  regulations  by  this  act  authorized 
to  be  made  by  the  council  or  the  board  shall  be  of  legal 
validity  only  when  approved  of,  and  published  by  the  Gov- 
ernor by  notice  in  the  Gazette,  and  by  such  regulations  pen- 
alties for  the  breach  thereof  may  be  prescribed  not  exceeding 
in  any  case  a  fine  of  ten  pounds  sterling. 

Section  59.  For  the  purposes  of  any  inquiry  by  the 
council  or  board  authorized  by  this  act,  it  shall  be  lawful  for 
the  president  for  the  time  being  of  the  council  or  board  to 
administer  an  oath  to  any  person  testifying  before  the 
council  or  board,  and  any  person  who  shall  wilfully  give  false 
testimony  on  oath  as  to  any  matter  material  to  any  such 
inquiry,  shall  be  guilty  of  a  contravention  of  this  section, 
and  be  liable  to  the  punishments  by  law  provided  for  the 
crime  of  perjury. 

Section  60.  No  person  shall  be  entitled  to  recover  any 
charge  in  any  court  of  law  for  any  medical  or  surgical  advice, 
or  attendance,  or  for  the  performance  of  any  operation  as  a 
medical  practitioner  or  dentist,  or  commonly  performed  only 
by  a  medical  practitioner  or  dentist,  or  for  any  medicine 
which  he  shall  have  prescribed  or  supplied,  unless  he  shall 
prove  upon  the  trial  that  he  is  licensed  under  this  act. 

Section  61.  No  person  shall  hold  any  appointment  as  a 
physician,  surgeon,  or  other  medical  officer,  or  dentist,  or  as 
an  apothecary  or  compounder  of  medicines  in  any  hospital, 
or  in  any  lunatic  asylum,  convict  station,  house  of  correction, 
or  other  public  establishment,  or  institution,  or  to  any 
friendly  or  other  society  for  affording  mutual  relief  in  sickness, 
infirmity,  or  old  age,  or  as  a  medical  officer  of  health,  unless 


534     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

he  be  licensed  and  registered  under  this  act  as  a  medical 
practitioner  or  dentist,  or  as  a  chemist  and  druggist,  as  the 
case  may  be.    (Printed  as  amended  by  Act  7,  1899,  sec.  6.) 

Schedule  A 

I, residing  at ,  and  holding 

the  qualifications  of ,  hereby  declare  that 

I  was  bona  fide  engaged  in  the  practice  of  dentistry  at 

atthedateoftakingeffectof  the  "Medical 

and  Pharmacy  Act,  1891." 

Dated  at this day 18 

(Signed) 
(Witness) 

£  s.  d. 

License  for  admission  to  practise  as  a  dentist      2         10         0 

Section  11,  Act  7, 1899.  Notwithstanding  anything  to  the 
contrary  contained  in  the  thirty-fifth  section  of  the  said  Act, 
it  shall  be  no  defence  to  a  person  charged  with  a  contraven- 
tion of  the  said  section  that  at  the  time  of  the  offence  charged 
he  was  under  the  actual  personal  supervision  and  control  of 
some  duly  licensed  dentist. 

Section  14,  Act  7,  1899.  If  any  person  licensed  or  certi- 
fied under  the  said  act  shall,  after  due  inquiry  in  manner 
provided  by  the  last  preceding  section  of  this  act,  be  found 
to  have  counselled  or  knowingly  been  a  party  to  the  perform- 
ance of  any  act  in  respect  of  which  any  other  person  shall 
have  been  convicted  of  a  contravention  of  section  thirty-five 
of  the  said  act,  such  first  mentioned  person  shall  be  dealt 
with  under  the  last  preceding  section  as  a  person  guilty  of 
improper  or  unprofessional  conduct,  or  of  infamous  or  dis- 
graceful conduct,  as  such  council  or  board  shall  determine: 
Provided,  That  the  provisions  of  this  section  shall  not  be 
deemed  to  exempt  any  person  from  prosecution  for  any 
contravention  of  the  said  section  35,  to  which  he  may  be 
liable. 


NATAL  535 


NATAL 


1896,  Statutes  1845-1899,  Act  No.  30. 

Section  1 .  This  act  mav  be  cited  as  the  "  Dentists'  Act, 
1896." 

Section  2,  This  act  shall  take  effect  on  such  day  as  the 
Governor  shall  appoint  by  proclamation  in  the  Natal  Gov- 
ernment Gazette. 

Section  3.  In  this  act  "Dentist"  means  every  person 
"bona  fide"  engaged  in  the  practice  of  dentistry  or  dental 
surgery  in  this  colony  on  or  before  the  first  day  of  May,  1896, 
either  separately  or  in  addition  to  his  practice  as  a  physician, 
surgeon,  accoucheur,  and  also  every  person  duly  qualified  by 
license  and  registration  under  this  act  to  practise  as  a  dentist 
within  this  colony. 

Section  4.  For  the  purposes  of  this  act,  the  "Medical 
Council"  means  the  Medical  Board  or  Council  as  at  present 
established,  or  any  board,  council,  or  the  like  that  may 
hereafter  be  substituted  for  the  existing  board,  or  any 
Medical  Board  or  Council  which  may  be  created  by  virtue 
of  any  act  to  be  hereafter  passed,  with  the  dental  member 
added  in  terms  hereafter  described  in  this  act. 

Section  5.  To  the  medical  board  as  already  constituted 
by  law  or  to  a  medical  council  which  may  hereafter  be  con- 
stituted, a  dentist  registered  under  this  act  shall  be  appointed 
by  the  Governor,  and  such  dentist  shall  be  consulted  upon  all 
business  relating  to  dentists,  and  shall  be  deemed  to  be  a 
member  of  the  board  or  council,  as  the  case  may  be,  for  the 
purposes  of  this  act  only.  The  dental  member  shall  be  sub- 
ject to  the  rules  under  which  other  members,  who  are,  or  who 
may  be  nominated  by  the  Governor,  sit  or  shall  sit. 

Section  6.  Every  person  who  on  the  first  day  of  May, 
1896,  shall  have  been  "bona  fide"  engaged  in  the  practice  of 
dentistry  or  dental  surgery  in  this  colony,  either  separately 
or  in  addition  to  his  practice  as  a  physician,  surgeon,  or 
accoucheur,  and  also  every  person  duly  qualified  by  license 
and  registration  under  this  act  to  practise  as  a  dentist  in  this 
colony,  shall  be  entitled  to  be  registered  under  this  act. 


536     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  2,  Act  21,  1899.  The  date  of  the  taking  efPect  of 
this  act  shall  be  substituted  for  the  1st  day  of  May,  1896,  in 
the  sixth  section  of  the  "Dentists'  Act,  1896." 

Section  7.  It  shall  be  competent  for  the  Medical  Council, 
after  examination,  to  admit  to  practise  as  a  dentist  any 
person  who,  not  being  within  the  provisions  of  Section  6  of 
this  act,  may  yet  be  actually  engaged  in  practice  as  a  dentist 
in  this  colony  at  the  date  of  the  coming  into  force  of  this  act, 
and  such  examination  shall  be  conducted  in  terms  of  such 
rules  as  may  be  drawn  up  by  the  Medical  Council,  under 
Section  9  of  this  act. 

Section  8.  Persons  engaged  as  mechanical  assistants  to 
dentists  in  this  Colony  on  the  first  day  of  May,  1896,  and 
pupils  at  the  same  date,  whose  articles  expire  on  or  before 
the  first  day  of  January,  1898,  may  register  as  students  under 
this  act,  and  during  the  five  years  next  ensuing,  namely, 
until  the  first  day  of  May,  1901,  may  present  themselves  for 
examination  under  rules  to  be  drawn  up  by  the  Medical 
Council,  and,  if  approved  of  after  such  examination,  the 
Medical  Council  shall  have  power  to  grant  registration  to 
such  persons  under  this  act. 

Section  9.  The  Medical  Council  shall  from  time  to  time 
draw  up  rules  and  regulations  to  be  observed  by  dentists, 
and  for  the  examinations  provided  for  in  the  two  preceding 
clauses  of  this  act,  and  shall  prescribe  and  define  what  di- 
plomas or  certificates  shall  be  by  the  council  considered 
sufficient  qualification  as  a  dentist.  Such  rules  shall  have 
the  force  of  law  upon  receiving  the  Governor's  sanction  and 
being  published  in  the  Natal  Government  Gazette. 

Section  3,  Act  21,  1899.  Save  as  otherwise  provided  by 
Sections  6,  7,  and  8  of  the  Dentists'  Act,  1896,  as  amended 
by  this  act,  no  person  shall  be  registered  as  a  dentist  unless 
he  shall  produce  to  the  Medical  Council  the  diplomas  or 
certificates  prescribed  and  defined  under  the  provisions  of 
Section  9  of  the  said  Dentists'  Act. 

Section  10.  This  act  shall  "mutatis  mutandis"  be  read 
and  construed  with  Law  No.  37,  1884,  or  with  any  act  that 
may  be  hereafter  passed  repealing  the  same,  as  one  act. 


NATAL  537 

Section  11.  There  shall  be  kept  in  the  office  of  the  Colo- 
nial Secretary  a  correct  register  of  the  names,  addresses, 
date  of  admission  and  qualifications  of  all  dentists  practising 
in  the  colony. 

Section  8,  Act  21,  1899. 

Section  27  of  the  "Medical  and  Pharmacy  Act,  1896," 
shall  apply  to  the  Register  of  Dentists,  and  to  the  Register  of 
Veterinary  Surgeons  hereinafter  provided  for. 

Section  27,  Act  35,  1896,  as  amended  by  Act  21,  1899. 

There  shall  be  kept  in  the  office  of  the  Colonial  Secretary 
a  correct  register  of  the  names,  addresses,  date  of  admission, 
license  or  certificate,  and  qualifications  of  all 

(1)  Medical  practitioners, 

(2)  Chemists  and  druggists, 

(this  section  also  applies  to  the  Register  of  Dentists 
and  the  Register  of  Veterinary  Surgeons)  and  the  person 
appointed  by  the  Colonial  Secretary  to  keep  such  register 
shall  make  entries  therein  in  accordance  with  information 
to  be  from  time  to  time  supplied  by  the  secretary  of  the 
council  in  respect  of  medical  practitioners  and  by  the  sec- 
retary of  the  board  in  respect  of  chemists  and  druggists, 
and  shall  from  time  to  time  erase  the  names  of  all  registered 
persons  reported  to  him  by  the  secretary  to  the  council  or 
board  as  dead,  or  known  to  him  to  have  died,  and  shall  from 
time  to  time  make  necessary  alterations  in  the  addresses  or 
statements  of  qualification  of  the  persons  registered  under 
this  act.  To  enable  the  register  to  be  properly  kept,  the 
secretary  to  the  council  or  board  may  write  and  forward  a 
duly  registered  letter  to  any  registered  person  addressed  to 
him  according  to  his  address  on  the  register,  to  inquire 
whether  he  has  ceased  to  practise  or  has  changed  his  resi- 
dence, and  if  no  answer  shall  be  returned  to  such  letter  within 
six  months  from  the  sending  of  the  letter,  it  shall  be  lawful 
to  erase  the  name  of  such  person  from  the  register,  and  if 
the  address  on  the  register  be  insufficient  or  the  address  be 
unknown,  a  notice  published  four  times  in  the  Natal  Govern- 
ment Gazette  calling  upon  the  medical  practitioner,  chemist 
and  druggist,  dentist  or  veterinary  surgeon  named  therein 


538     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

to  furnish  his  address  to  the  secretary  within  six  months 
from  the  date  of  the  first  pubhcation,  and  that  in  default  his 
name  may  be  erased  from  the  register,  shall,  for  all  purposes, 
take  the  place  of  and  be  as  good  and  valid  as  if  the  registered 
letter  hereinbefore  provided  for  had  been  forwarded  to  such 
person.  Provided,  always,  That  the  same  may  be  restored  at 
the  request  of  the  council  or  board,  as  the  case  may  be,  and 
that  the  erasure  of  his  name  under  this  section  shall  not  be 
deemed  to  disqualify  any  person  duly  licensed  or  certified 
from  practising  the  profession  or  carrying  on  the  calling  in 
respect  of  which  such  person  is  duly  licensed  or  certified. 

Section  12.  The  covering  of  an  unlicensed  person,  unless 
such  unlicensed  person  shall  be  under  the  actual  personal 
supervision  of  a  dentist  licensed  under  this  act,  shall  subject 
the  coverer  upon  conviction  to  a  penalty  not  exceeding  ten 
pounds  sterling. 

Section  13.  The  extraction  of  teeth  by  unlicensed  persons 
shall  not  be  deemed  a  contravention  of  this  act,  but  such 
extraction  of  teeth  shall  not  constitute  a  claim  to  registration 
under  this  act. 

Section  14.  The  council  shall  cause  to  be  erased  from  the 
Dentists'  Register  any  entry  which  has  been  incorrectly  or 
fraudulently  made.  When  a  person  registered  in  the  Den- 
tists' Register  has,  either  before  or  after  the  passing  of  this 
act,  and  either  before  or  after  he  is  so  registered,  been  con- 
victed, either  in  Her  Majesty's  dominions  or  elsewhere,  of  an 
offence  which,  if  committed  in  England,  would  be  a  felony 
or  misdemeanor,  or  been  guilty  of  any  infamous  or  disgrace- 
ful conduct  in  a  professional  respect,  that  person  shall  be 
liable  to  have  his  name  erased  from  the  register  by  the  Gov- 
ernor-in-Council.  The  council  may  cause  inquiry  to  be  made 
into  the  case  of  a  person  alleged  to  be  liable  to  have  his  name 
erased  under  this  section,  and  on  proof  of  such  conviction  or 
of  such  infamous  or  disgraceful  conduct,  the  Governor-in- 
Council  may  cause  the  name  of  such  person  to  be  erased  from 
the  register:  Provided,  That  the  name  of  a  person  shall  not 
be  erased  under  this  section  on  account  of  his  adopting, 
or  refraining  from  adopting,  the  practice  of  any  particular 


NATAL  539 

theory  of  dentistry  or  dental  surgery,  nor  on  account  of  a 
conviction  for  a  political  offence  out  of  Her  Majesty's 
dominions,  nor  on  account  of  a  conviction  for  an  offence, 
which  though  within  the  provisions  of  this  section,  does  not 
either  from  the  trivial  nature  of  the  offence  or  from  the 
circumstances  under  which  it  was-  committed,  disqualify  a 
person  from  practising  dentistry. 

Section  15.  All  moneys  arising  from  fees  paid  under  this 
act  shall  be  received  by  the  Medical  Council,  and  shall  be 
applied,  in  accordance  with  such  regulations  as  may  from 
time  to  time  be  made  by  the  council,  in  defraying  the  ex- 
penses of  such  regulations  and  the  other  expenses  connected 
with  the  execution  of  this  act. 

Section  16.  It  shall  be  lawful  for  the  secretary  of  the 
council,  or  any  person  duly  authorized  in  writing  under 
the  hand  of  the  president,  to  take  and  institute  any  civil 
proceedings  on  behalf  of  the  council. 

Section  17.  If  in  any  proceedings,  civil  or  criminal,  it 
shall  be  material  to  determine  whether  any  person  be  or  be 
not  in  any  capacity  licensed  or  certified  under  this  act,  a 
certificate,  under  the  hand  of  the  Colonial  Secretary,  to  the 
effect  that  such  person  is  or  is  not,  as  the  case  may  be,  duly 
licensed  and  registered  in  such  capacity,  shall  be  deemed  and 
taken  to  be  sufficient  "  prima  facie"  proof  of  the  fact  alleged 
in  such  certificate. 

Section  18.  All  the  penalties  imposed  by  this  act  shall  be 
recoverable  before  the  magistrate  of  the  count}''  or  division 
within  which  the  offence  has  been  committed,  and  shall  be 
paid  into  the  colonial  treasury :  Provided,  That  the  Governor 
may  in  any  case  award  the  whole  or  any  portion  of  any 
penalty  imposed  and  recovered  to  any  person  upon  whose 
information  the  offender  was  convicted. 

Section  5.  (Act  21,  1899,  p.  15.)  Every  person  shall 
be  guilty  of  a  contravention  of  the  "Dentists'  Act,  1896," 
who,  not  having  been  registered  and  licensed  under  the  said  act 

(a)  Practises  as  a  dentist; 

(6)  Falsely  pretends  to  be,  or  takes  and  uses  the  name  or 
title  or  exercises  the  functions  of  a  dentist,  or  any  name,  title, 


540     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

addition,  or  description  implying  that  he  is  Hcensed  or  regis- 
tered under  the  "Dentists'  Act,  1896,"  or  that  he  is  qualified 
to  practise  as  a  dentist  . 

Section  6.  (Act  21,  1899.)  All  contraventions  of  the 
"Medical  and  Pharmacy  Act,  1896,"  or  of  the  "Dentists' 
Act,  1896,"  which  are  enumerated  in  this  act  shall  be  cogniz- 
able in  the  Supreme  Court  or  a  circuit  thereof,  or  in  the 
court  of  a  magistrate.  Every  such  offence,  if  prosecuted  in 
the  Supreme  Court  or  a  circuit  court,  shall  be  punishable 
by  a  fine  not  exceeding  £100,  and  in  default  of  payment,  by 
imprisonment  with  or  without  hard  labor  for  any  term  not 
exceeding  six  months,  and  if  prosecuted  in  the  court  of  a 
magistrate,  shall  be  punishable  by  a  fine  not  exceeding  £20, 
and  in  default  of  payment,  by  imprisonment  with  or  without 
hard  labor  for  any  term  not  exceeding  three  months. 

Section  26.  (Act  21,  1899.)  No  person  shall  be  entitled 
to  recover  any  charge  in  any  court  of  law  for  any  advice  or 
attendance  as  a  dentist  or  veterinary  surgeon,  or  for  the  per- 
formance of  any  operation  as  a  dentist  or  veterinary  surgeon, 
or  for  an  operation  commonly  performed  only  by  a  dentist  or 
veterinary  surgeon,  or  for  any  medicine  or  drugs  which  he 
shall  have  prescribed  or  supplied,  unless  he  is  licensed  under 
this  act:  Provided,  That  nothing  in  this  section  contained 
shall  apply  to  licensed  native  doctors. 

Section  1.  (Act  37,  1904.)  Every  person  who  on  the  first 
da}^  of  January,  1904,  shall  have  been  bona  fide  engaged  in 
the  practice  of  dentistry  or  dental  surgery,  in  the  Province 
of  Zululand,  either  separately  or  in  addition  to  his  practice 
as  a  physician,  surgeon,  or  accoucheur,  shall  be  entitled  to  be 
registered  under  the  Dentists'  Act,  1896:  Provided,  however. 
That  such  person  shall,  unless  otherwise  specially  qualified, 
be  restricted  to  carry  on  such  practice  in  the  Province  of 
Zululand. 

NORTHERN  NIGERIA 

1910,  Part  X,  Chap.  XXXV,  p.  481. 

Section  1.  This  Proclamation  may  be  cited  as  the  Regis- 
tration of  Medical  Practitioners  and  Dentists  Proclamation. 


NORTHERN  NIGERIA  541 

Section  2.  A  register  of  medical  practitioners  and 
dentists  shall  be  kept  in  the  form  in  the  schedule  hereto,  and 
a  fee  of  one  pound  shall  be  charged  for  each  registration. 

Section  3.  The  Principal  Medical  Officer  shall  be  the 
registrar  of  medical  practitioners  and  dentists,  and  shall  once 
in  every  year,  as  soon  as  conveniently  may  be  after  the  1st 
day  of  January,  make  and  publish  in  the  Gazette  a  list  con- 
taining the  names  and  qualifications  of  all  registered  medical 
practitioners  and  dentists. 

Section  4.  The  publication  of  such  list  shall  be  prima  facie 
evidence  that  the  persons  named  therein  are  registered  under 
this  proclamation,  and  the  absence  of  the  name  of  any  person 
from  such  list  shall  be  prima  facie  evidence  that  such  person 
is  not  so  registered. 

Section  5.  Persons  entitled  to  be  registered  as  medical 
practitioners. 

Section  6.  The  following  persons  shall  be  entitled  to 
registration  under  this  proclamation  as  dentists: 

(a)  Any  person  who  possesses  a  license  or  degree  in  dental 
surgery  or  dentistry  of  any  of  the  bodies  and  universities  who 
elect  members  of  the  general  council  of  medical  education 
and  registration  in  the  United  Kingdom. 

(b)  Any  person  who  at  the  time  of  the  coming  into  opera- 
tion of  this  proclamation  is  bona  fide  engaged  in  the  practice 
of  dentistry  or  dental  surgery,  either  separately  or  in  con- 
junction with  the  practice  of  medicine,  surgery,  or  phar- 
macy. 

Section  7.  Every  person  registered  under  this  proclama- 
tion, who  may  have  obtained  any  higher  degree  or  qualifica- 
tion other  than  the  qualification  in  respect  of  which  he  may 
have  been  registered,  shall  be  entitled  to  have  such  higher 
degree  or  additional  qualifications  inserted  in  the  register  in 
substitution  for  or  addition  to  the  qualifications  previously 
registered,  without  payment  of  any  further  fee. 

Section  8.  Every  medical  practitioner  registered  under 
this  proclamation  shall  be  entitled  to  practise  medicine,  sur- 
gery, and  midwifery,  and  every  dentist  registered  under  this 
proclamation,  shall  be  entitled  to  practise  dentistry,  and  to 


542     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

demand^  sue  for,  and  recover,  in  any  court  with  full  cost  of 
suit  reasonable  charges  for  professional  aid,  advice,  and 
visits,  and  the  value  of  any  medicine  or  any  medical  or 
surgical  appliances  rendered  or  supplied  by  him  to  his 
patients. 

Section  9.  No  person  shall  be  entitled  to  recover  any 
charge  in  any  court  for  any  medical  or  surgical  advice  or 
attendance  or  for  the  performance  of  any  operation  as  a 
medical  practitioner  or  dentist,  or  for  any  medicine  which  he 
shall  have  prescribed  and  supplied  within  the  Protectorate, 
unless  he  was  at  the  time  registered  under  this  proclamation. 

Section  10.  Certificate  cannot  be  signed  unless  person 
signing  is  registered. 

Section  11.     Construction  of  terms. 

Section  12.    Medical  army  officers  registered  free. 

Section  13.  If  any  medical  practitioner  or  dentist  regis- 
tered under  this  proclamation  shall  be  convicted  of  any 
heinous  offence,  or  shall,  after  due  inquiry  by  the  medical 
registrar,  be  deemed  by  him  to  have  been  guilty  of  infamous 
conduct  in  any  professional  respect,  the  medical  registrar  may 
strike  out  the  name  of  such  person  from  the  register.  Upon 
any  such  inquiry  the  person  against  whom  such  offence  or 
misconduct  is  alleged  shall  be  entitled  to  appear  and  be  heard, 
and  any  person  whose  name  may  have  been  struck  out  from 
the  register  may  appeal  to  the  Supreme  Court  and  may  be 
represented  upon  such  appeal  by  counsel. 

Section  14.  Any  person  who  after  the  coming  into  force 
of  this  proclamation  wilfully  and  falsely  takes  or  uses  any 
name,  title,  or  addition,  implying  a  qualification  to  practise 
medicine  or  surgery  or  midwifery  or  dentistrj^,  or,  not  being 
registered  under  this  proclamation  or  exempted  from  regis- 
tration under  Section  12  of  this  proclamation  practises  or 
professes  to  practise  or  publishes  his  name  as  practising 
medicine  or  surgery  or  midwifery  or  dentistry,  shall  be  liable 
on  summary  conviction  before  a  court  to  a  penalty  not 
exceeding  one  hundred  pounds  for  each  offence,  or  in  default 
of  payment  to  imprisonment  for  a  term  not  exceeding  twelve 
months. 


SOUTHERN  NIGERIA  543 

Section  15.  Nothing  contained  in  this  proclamation  shall 
be  construed  to  prohibit  or  prevent  the  practice  of  native 
systems  of  therapeutics  by  such  persons  as  are  recognized  by 
natives  of  the  Protectorate  to  be  duly  trained  in  such  practice. 

Provided,  That  nothing  in  this  section  shall  be  construed 
to  authorize  the  performance  of  any  act  on  the  part  of  any 
person  practising  any  native  system  which  is  dangerous  to 
hfe. 

Section  16.    Definition  of  medical  practitioner. 


SOUTHERN  NIGERIA 

1908,  Vol.  11,  Part  XI,  page  925. 

Section  1.  This  ordinance  may  be  cited  as  "The  Regis- 
tration of  Medical  Practitioners  and  Dentists  Ordinance." 

Section  2.  A  register  of  medical  practitioners  and  dentists 
shall  be  kept  in  the  form  in  the  schedule  hereto,  and  a  fee  of 
£1  shall  be  charged  for  each  registration  under  section  5  (a), 
and  a  fee  of  £5  for  each  registration  under  section  5  (6). 

Section  3.  Same  as  section  3  of  the  act  of  Northern 
Nigeria. 

Section  4.  (1)  The  publication  of  such  list  shall  be  prima 
facie  evidence  that  the  persons  named  therein  are  registered 
under  this  ordinance,  and  the  absence  of  the  name  of  any 
person  from  such  list  shall  be  prima  facie  evidence  that  such 
person  is  not  so  registered. 

(2)  All  register  books  and  all  copies  thereof  or  extracts 
therefrom  certified  under  the  hand  of  the  registrar  shall  be 
receivable  in  evidence  in  all  courts  of  justice  in  the  Colony. 

(3)  The  registrar  shall  produce  or  cause  to  be  produced  any 
register  book  in  his  office  on  subpena  or  order  of  any  court 
without  payment  for  so  doing,  unless  the  court  or  tribunal 
shall  otherwise  direct. 

Section  5.  Persons  entitled  to  be  registered  as  medical 
practitioners. 

Section  6.  Same  as  section  6  of  the  act  of  Northern. 
Nigeria. 


544     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  7.  Same  as  section  7  of  the  act  of  Northern 
Nigeria. 

Section  8.  Same  as  section  8  of  the  act  of  Northern 
Nigeria. 

Section  9.  No  person  shall  be  entitled  to  recover  any 
charge  in  any  court  of  law  for  any  medical  or  surgical  advice 
or  attendance,  or  for  the  performance  of  any  operation  as  a 
medical  practitioner  or  dentist,  or  for  any  medicine  which  he 
shall  have  prescribed  and  supplied  within  the  colony  after 
the  coming  into  force  of  this  ordinance,  unless  he  was  at  the 
time  registered  under  this  ordinance;  but  all  registration 
effected  within  two  months  after  the  coming  into  force  of 
this  ordinance  shall  be  deemed  to  relate  back  to  the  time  of 
such  coming  into  force. 

Section  10.  Certificates  cannot  be  signed  unless  the 
person  signing  is  registered. 

Section  11.    Construction  of  terms. 

Section  12.  All  medical  officers  in  the  public  service  of 
the  colony  and  all  medical  officers  of  His  Majesty's  Army  and 
Navy  respectively  residing  in  the  colony  while  on  full  pay, 
and  all  ship's  surgeons  while  in  discharge  of  their  duties  shall 
be  entitled  to  the  privileges  of  persons  registered  under  this 
ordinance,  and  may  be  registered  free  of  charge. 

Section  13.  If  any  medical  practitioner  or  dentist  regis- 
tered under  this  ordinance  shall  be  convicted  of  any  heinous 
offence,  or  shall  after  due  inquiry  by  the  medical  registrar  be 
deemed  by  the  Governor-in-Council  to  have  been  guilty  of 
infamous  conduct  in  any  professional  respect,  the  Governor- 
in-Council  may  order  the  medical  registrar  to  strike  out  the 
name  of  such  person  from  the  register.  Upon  any  such 
inquiry  the  person  against  whom  such  offence  or  conduct  is 
alleged  shall  be  entitled  to  appear  and  be  heard  by  counsel, 
and  any  person  whose  name  may  have  been  struck  out  from 
the  register  may  appeal  to  the  Supreme  Court. 

Section  14.  Any  person  who,  after  the  coming  into  force 
of  this  ordinance,  wilfully  and  falsely  takes  or  uses  any  name, 
title,  or  addition  implying  a  qualification  to  practise  medicine 
or  surgery  or  midwifery  or  dentistry,  or  not  being  registered 


SOUTHERN  NIGERIA 


545 


under  this  ordinance  or  exempted  from  registration  under 
section  12  of  this  ordinance  practises  or  professes  to  practise 
or  pubHshes  his  name  as  practising  medicine  or  surgery  or 
midwifery  or  dentistry  or  receives  any  payment  as  practising 
medicine  or  surgery  or  midwifery  or  dentistry,  shall  be  liable 
on  summary  conviction  before  a  police  magistrate  or  district 
commissioner,  to  a  penalty  not  exceeding  £100  for  each 
offence,  and  to  a  further  penalty  of  £10  a  day  during  the 
continuance  of  such  offence  or  in  default  of  payment  to 
imprisonment  for  a  term  not  exceeding  twelve  months;  and 
every  police  magistrate  and  district  commissioner  shall 
have  jurisdiction  to  inflict  such  penalty  accordingly. 
(Amended.) 

Section  15.  Nothing  contained  in  this  ordinance  shall 
be  construed  to  prohibit  or  prevent  the  practice  of  native 
systems  of  therapeutics  by  such  persons  as  are  recognized  by 
native  authorities  of  the  colony  to  be  duly  trained  in  such 
practice. 

Provided,  That  nothing  in  this  section  shall  be  construed 
to  authorize  the  performance  of  any  act  on  the  part  of  any 
person  practising  any  native  s^^stem  which  is  dangerous  to 
life. 

Section  16.    Definition  of  medical  practitioner. 

The  Schedule  above  Referred  To, 

Form  of  Medical  Registers. 


No.  Full  Name.! Address. 


Qualifi-  Date  of  Qualifi- 
cation, cation. 


Date  of  Local 
Registration. 


Fee. 


Remarks. 


35 


546     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 


ORANGE  RIVER  COLONY 

1900-1906,  Act  1904,  page  886. 

Section  1.  In  this  ordinance  the  following  terms  shall 
bear  the  following  meanings: 

"Dentist"  means  every  person  duly  admitted  prior  to  the 
taking  effect  of  this  ordinance  to  practise  dentistry  or  dental 
surgery  in  this  colony,  and  also  every  person  duly  qualified 
by  registration  under  this  ordinance  to  practise  as  a  dentist 
within  this  colony. 

Section  2.  On  and  after  the  day  of  the  taking  effect  of 
this  ordinance  there  shall  be  established  in  this  colony  a 
body  to  be  styled  the  Medical  and  Pharmacy  Council  of  the 
Orange  River  Colony,  which  shall  meet  in  Bloemfontein. 

Section  3.  The  council  shall  consist  of  seven  medical 
practitioners,  one  dentist,  and  three  chemists  and  druggists, 
of  whom  three  medical  practitioners,  the  dentist,  and  two 
chemists  and  druggists  shall  be  nominated  by  the  Lieutenant- 
Governor;  and  four  medical  practitioners,  one  chemist  and 
druggist  shall  be  elected  by  the  medical  practitioners  and 
chemists  and  druggists  respectively  of  the  colony  in  the 
manner  hereinafter  provided. 

Section  4.    Manner  of  election  of  members. 

Section  5.    Term  of  office  of  council. 

Section  6.    First  meeting  of  council;  election  of  president. 

Section  7.  The  dentist  and  chemists  and  druggists 
nominated  or  elected,  as  the  case  may  be,  as  members  of  the 
council  aforesaid  shall  be  entitled  to  be  present  at  all  meet- 
ings of  the  council,  but  shall  not  be  entitled  to  take  part  in 
the  discussion  of  or  to  vote  upon  any  question  or  matter 
brought  before  the  council  unless  it  be  by  resolution  of  the 
majority  determined  to  be  a  question  or  matter  affecting 
their  respective  interests:  Provided,  That  it  shall  be  com- 
petent for  the  dentist  or  any  chemist  and  druggist  to  pro- 
pose, discuss,  and  vote  on  any  motion  to  the  effect  that  any 
such  question  or  matter  brought  before  the  council  affects 
their  respective  interests  as  aforesaid. 


ORANGE  RIVER  COLONY  547 

Section  8.    Vice-president. 

Section  9.  The  council  shall  have  power  to  appoint  an 
executive  committee  out  of  their  own  body,  consisting  of 
three  members,  of  whom  two  shall  form  a  quorum,  and  to 
delegate  to  such  committee  such  powers  and  duties  as  the 
council  shall  think  fit. 

Section  10.  The  council  may  from  time  to  time  appoint, 
subject  to  the  approval  of  the  Lieutenant-Governor,  at  a  salary 
to  be  fixed  by  the  Legislative  Council,  a  registrar,  who  shall 
act  as  secretary  of  the  council,  and  may,  by  resolution,  subject 
to  such  approval  as  aforesaid,  remove  such  registrar  from  his 
office. 

Section  1L  The  council  may  from  time  to  time,  subject  to 
the  approval  of  the  Lieutenant-Governor,  frame,  amend,  and 
repeal  regulations  for  all  or  any  part  of  the  following  pur- 
poses, namely: 

(a)  Regulating  the  times  and  places  of  meeting  of  the 
council  and  the  conduct  of  the  business  thereof; 

(b)  Prescribing  and  defining  what  diplomas  or  certificates 
will  be  entertained  by  the  council  in  any  application  by  any 
person  for  registration  under  this  ordinance; 

(c)  Prescribing  the  fees  to  be  paid  by  registered  persons 
desirous  of  having  additional  degrees  or  qualifications 
inserted  in  the  registrar. 

(d),  (e),  (/),  (g)  Regulations  for  chemists,  druggists, 
trained  nurses,  and  midwives,  and  regulation  of  sale  of 
poison. 

(h)  Generally  for  carrying  into  effect  the  objects  of  this 
ordinance. 

And  such  regulations  when  published  in  the  Gazette  shall 
have  the  full  force  of  law;  and  by  such  regulations  the  council 
may  impose  for  the  contravention  thereof  penalties  not  ex- 
ceeding in  any  case  a  fine  of  twenty  pounds  and  in  default  of 
payment  imprisonment  for  a  period  not  exceeding  three 
months  unless  such  fine  is  sooner  paid. 

Section  12.  Every  person  in  this  colony  who  on  the  day 
before  the  taking  effect  of  this  ordinance  shall  have  obtained 
a  certificate  of  registration  in  terms  of  Proclamation  10  of  1902, 


548     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

as  a  medical  practitioner,  dentist  or  chemist  and  druggist, 
or  who  shall  be  entitled  to  obtain  such  certificate  by  virtue  of 
admission  under  Chapters  XCVI  or  XCVII  of  the  Law  Book, 
or  Law  6  of  1899,  shall,  notwithstanding  the  passing  of  this 
ordinance  be  entitled  to  continue  to  practise  or  carry  on  his 
calling  as  aforesaid  without  obtaining  the  certificate  referred 
to  in  the  thirteenth,  eighteenth,  and  nineteenth  sections  of  this 
ordinance,  as  the  case  may  be :   Provided,  That, 

(a)  The  names,  addresses,  and  qualifications  of  all  such 
persons  shall  as  soon  as  may  be  after  the  day  appointed  as 
aforesaid  be  entered  in  the  register  referred  to  in  this  ordi- 
nance; 

(fe)  Every  such  person  shall  on  and  after  the  said  day 
be  amenable  to  all  the  provisions  of  this  ordinance  or  of 
any  law  relating  to  physicians,  doctors,  surgeons,  dentists, 
apothecaries  or  chemists  and  druggists  as  the  case  may  be; 

(c)  No  omission  of  or  mistake  in  any  entry  which  should 
be  made  in  the  aforesaid  register  in  accordance  with  sub- 
section (a)  of  this  section  shall  be  deemed  to  prejudice  the 
right  of  the  person,  in  respect  of  whose  name,  address,  or 
qualification  such  omission  or  mistake  has  occurred,  to 
practise  as  aforesaid. 

Section  13.  (1)  On  and  after  the  day  on  which  this  ordi- 
nance takes  effect  no  person  shall  be  entitled  to  practise  as 
a  medical  practitioner  or  dentist  unless  he  has  obtained  a 
certificate  of  registration  signed  by  the  registrar  of  the 
council. 

(2)  Previously  to  obtaining  such  certificate  such  person 
shall  submit  his  diploma  or  other  certificate  of  his  being  duly 
qualified  to  practise  as  a  physician  and  surgeon  or  as  a 
dentist  as  the  case  may  be  for  the  examination  and  approval 
of  the  council,  who  may  require  by  sworn  declaration  before 
a  justice  of  the  peace  or  by  other  evidence  such  proof  of 
identity  and  good  character  of  such  person,  of  the  authen- 
ticity of  such  diploma  or  certificate,  and  of  the  right  of  the 
holder  to  practise  under  such  diploma  or  certificate  through- 
out the  country  in  which  it  was  granted,  as  they  shall 
deem  fit. 


ORANGE  RIVER  COLONY  549 

(3)  Any  person  wilfully  making  a  false  statement  in  such 
declaration  shall  be  liable  to  the  penalties  by  law  provided 
for  the  crime  of  perjur3\ 

Section  14.  No  such  certificate  as  aforesaid  shall  be 
granted  to  any  applicant  to  practise  as  a  medical  practitioner 
or  dentist  on  the  degree,  diploma,  or  certificate  of  any  uni- 
versity or  medical  school  in  any  colony,  state,  or  dependency 
of  the  British  Empire  unless  it  be  proved  to  the  satisfaction 
of  the  council  that 

(a)  Such  degree,  diploma,  or  certificate  is  registrable  and 
entitles  the  holder  thereof  to  practise  his  profession  in  Great 
Britain  and  Ireland,  or 

(6)  That  the  curriculum  and  standard  of  proficiency  of 
examination  required  for  such  degree,  diploma,  or  certificate 
are  not  lower  than  those  prescribed  by  the  general  council 
of  medical  education  and  registration  of  the  United  King- 
dom. 

Section  15.  The  certificate  of  registration  shall  not  be 
granted  to  any  applicant  on  the  degree,  diploma,  or  certi- 
ficate of  any  foreign  university,  medical  school,  or  govern- 
ment unless  it  be  proved  to  the  satisfaction  of  the  council 
that 

(fl)  Such  degree,  diploma,  or  certificate  entitles  the  holder 
thereof  to  practise  as  a  physician,  surgeon,  or  dentist  as  the 
case  may  be,  throughout  the  country  in  which  such  degree, 
diploma,  or  certificate  was  conferred; 

(6)  The  curriculum  and  standard  of  proficiency  of  examina- 
tion required  for  such  degree,  diploma,  or  certificate  are  not 
lower  than  those  prescribed  by  the  general  council  of  medical 
education  and  registration  of  the  United  Kingdom; 

(c)  By  the  laws  of  the  country  in  which  such  degree, 
diploma,  or  certificate  was  conferred,  British  subjects  legally 
qualified  to  practise  as  physicians  and  surgeons  or  dentists 
in  Great  Britain  and  Ireland  are  aft'orded  privileges  equiva- 
lent to  those  granted  by  registration  under  this  ordinance. 

Section  16.  When  the  council  have  refused  to  approve  of 
the  diploma  or  certificate  submitted  by  any  person  desirous 
of  being  registered  as  a  medical  practitioner  or  dentist  the 


550     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

high  court  on  application  made  to  them  by  such  person  may, 
after  communicating  with  the  council,  order  that  a  certificate 
of  registration  be  issued  to  the  applicant  in  case  the  said  high 
court  shall  be  of  the  opinion  that  the  council  have  not 
adhered  to  the  terms  of  this  ordinance  or  any  regulations 
thereunder. 

Section  17.  Officers  in  Her  Majesty's  service  require  to 
be  registered. 

Section  18.  Chemists  holding  certificates  in  British 
Empire  entitled  to  registration. 

Section  19.    Admission  as  chemists'  apprentices. 

Section  20.    Persons  admissible  as  nurses  and  midwives. 

Section  21.  Any  person  who  shall  wilfully  procure  or 
attempt  to  procure  himself  or  any  other  person  to  be  regis- 
tered under  this  ordinance  by  making  or  producing  or  caus- 
ing to  be  made  or  produced  any  false  or  fraudulent  representa- 
tion either  verbally  or  in  writing  not  amounting  to  the  crime 
of  perjury,  and  every  person  aiding  and  assisting  him  therein, 
shall  on  conviction  thereof  be  liable  to  be  imprisoned  with 
or  without  hard  labor  for  any  term  not  exceeding  twelve 
months. 

Section  22.  Any  person  who  shall  falsely  pretend  to  be  or 
take  or  use  the  name  or  title  of  a  physician,  doctor  of  medi- 
cine, licentiate  in  medicine  or  surgery,  bachelor  of  medicine, 
doctor,  surgeon,  general  medical  practitioner,  apothecary, 
or  surgeon  apothecary,  or  accoucheur,  or  dentist,  dental 
surgeon,  surgeon  dentist,  dental  practitioner,  or  mechanical 
dentist,  or  any  name,  title,  addition,  or  description  implying 
or  calculated  to  lead  people  to  infer  that  he  is  registered  or 
that  he  is  duly  qualified  to  practise  as  a  physician,  doctor 
of  medicine,  licentiate  in  medicine  or  surgery,  bachelor  of 
medicine,  doctor,  surgeon,  general  medical  practitioner, 
apothecary  or  surgeon  apothecary,  or  accoucheur,  or  dentist, 
dental  surgeon,  surgeon  dentist,  dental  practitioner,  or 
mechanical  dentist,  and  any  person  who,  without  such  cer- 
tificate of  registration  as  aforesaid,  shall  practise  or  in  any 
manner  or  by  any  means  whatsoever  profess  to  practise  as 
a  medical  practitioner  or  dentist  for  gain,  hire,  or  hope  of 


ORANGE  RIVER  COLONY  551 

reward,  or  shall  advertise  in  any  manner  or  by  any  means 
whatsoever  to  give  advice  in  medicine,  surgery,  midwifery, 
or  dentistry  or  dental  surgery  shall  be  liable  to  a  fine  not 
exceeding  one  hundred  pounds  for  any  and  every  such  offence, 
and  in  default  of  payment  thereof  to  be  imprisoned  with  or 
without  hard  labor  for  a  period  not  exceeding  six  months, 
unless  such  fine  be  sooner  paid. 

Section  23.  The  provisions  of  the  last  preceding  section 
shall  apply  to  any  company,  association,  or  other  plurality  of 
persons  practising  dentistry  or  dental  surgery,  unless  such 
company  or  other  association  consists  wholly  of  dentists 
registered  under  this  ordinance. 

Section  24.  Penalty  for  fraudulent  representation  or 
practising  without  a  certificate  as  a  chemist. 

Section  25.  Companies  may  not  dispense  poisons  unless 
directors  are  registered. 

Section  26.    Penalty  for  false  representation  as  a  nurse. 

Section  27.  (1)  The  registrar  shall  keep  a  correct  register 
of  the  names,  addresses,  dates  of  certificates  of  registration, 
and  qualifications  of  all  (a)  medical  practitioners,  (6)  den- 
tists, (c)  chemists  and  druggists,  (d)  trained  nurses,  (e)  certi- 
fied midwives,  and  (/)  trained  nurses  or  attendants  of  the 
insane,  and  shall  erase  the  name  of  any  registered  person 
known  to  him  to  have  died,  and  shall  from  time  to  time  make 
necessary  alterations  in  the  addresses  or  statements  of  quali- 
fication of  the  persons  registered; 

(2)  And  to  enable  the  register  to  be  properly  kept,  the 
registrar  may  write  and  forward  a  duly  registered  letter  to 
any  registered  person,  addressed  to  him  according  to  his 
address  in  the  register,  to  inquire  whether  he  has  ceased  to 
practise  or  has  changed  his  residence,  and  if  no  answer  shall 
be  returned  to  such  letter  within  the  period  of  six  months 
from  the  sending  of  the  letter  it  shall  be  lawful  to  erase  the 
name  of  such  person  from  the  register:  Provided,  always, 
That  the  same  may  be  restored  by  direction  of  the  council, 
and  that  the  erasure  of  his  name  under  this  section  shall  not 
be  deemed  to  disqualify  any  person  holding  a  certificate  of 
registration  from  practising  the  profession  or  carrying  on  the 
calling  in  respect  of  which  such  certificate  was  granted. 


552     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

Section  28.  Every  person  registered  under  this  ordinance 
who  may  have  obtained  any  degree  or  quahfication  other 
than  the  degree  or  quahfication  in  respect  of  which  he  may 
be  registered  may  have  such  other  degree  or  quahfication 
inserted  in  the  register  in  substitution  for  or  in  addition  to 
the  degree  or  quahfication  already  registered,  by  direction 
of  the  council  and  on  payment  of  such  fee  as  may  be  pre- 
scribed by  the  regulations  aforesaid. 

Section  29.  No  degree  or  qualification  shall  be  entered 
on  the  register  either  on  the  first  registration  or  by  way  of 
addition  to  a  registered  name  as  in  the  last  preceding  section 
mentioned,  unless  the  council  be  satisfied  by  proper  evidence 
that  the  person  claiming  is  entitled  to  it,  and  any  entry  which 
shall  be  proved  to  the  satisfaction  of  the  council  to  have  been 
fraudulently  or  incorrectly  made  may  be  erased  from  the 
register. 

Section  30.  All  certificates  of  registration  granted  under 
this  ordinance  shall  be  signed  by  the  registrar  of  the  council. 

Section  31.  (1)  The  registrar  shall  under  the  direction  of 
the  council  cause  to  be  printed  and  published  in  January  of 
each  year  a  correct  copy  of  the  register,  containing  the 
names  of  all  persons  registered  in  alphabetical  order  accord- 
ing to  the  surnames; 

(2)  And  a  copy  of  such  register  for  the  time  being,  pur- 
porting to  be  so  printed  and  published  as  aforesaid,  shall  be 
prima  facie  evidence  in  all  courts  and  before  all  justices  of  the 
peace,  that  the  persons  therein  specified  are  registered  ac- 
cording to  the  provisions  of  this  ordinance,  and  the  absence 
of  the  name  of  any  person  from  such  copy  shall  be  prima  facie 
evidence  that  such  person  is  not  registered  according  to  the 
provisions  of  this  ordinance :  Provided,  That  when  the  name 
of  any  person  does  not  appear  in  such  copy  a  certified  copy 
under  the  hand  of  the  registrar  of  the  entry  of  the  name  of 
such  person  on  the  register  shall  be  evidence  that  such  person 
is  registered  under  the  provisions  of  this  ordinance. 

Section  32.  (1)  The  registrar  shall  by  direction  of  the 
council  erase  from  the  register  the  name  of  any  person  who 
either  before  or  after  the  taking  effect  of  this  ordinance  may 


ORANGE  RIVER  COLONY  553 

have  been  declared  disqualified  for  practise  by,  or  whose 
name  may  have  been  struck  off  the  roll,  register,  or  record  of 
the  hospital,  university,  college,  or  other  body  from  which 
such  person  received  any  diploma,  degree,  or  certificate  or 
other  instrument  upon  the  faith  of  which  such  person  was 
registered  in  this  colony, 

(2)  And  thereupon  such  person  shall  no  longer  be  deemed 
to  be  a  medical  practitioner,  dentist,  chemist  and  druggist, 
registered  trained  nurse,  certified  midwife,  or  registered 
trained  nurse  or  attendant  of  the  insane,  as  the  case  may  be : 
Provided,  That  such  person  shall  if  possible  have  been  granted 
an  opportunity  of  showing  cause  before  the  council  why  his 
name  should  not  be  erased  from  such  register. 

Section  33.  (1)  If  any  person  registered  under  this  ordi- 
nance shall  after  due  inquiry,  at  which  such  person  shall  have 
an  opportunity  of  being  heard  in  person  or  b}'  counsel,  be 
judged  by  the  council  to  have  been  guilty  of  improper  or 
unprofessional  conduct  the  council  may  in  writing  under  the 
hand  of  the  president  reprimand  or  caution  such  person; 

(2)  And  if  such  improper  or  unprofessional  conduct  be 
persisted  in  by  such  person  after  due  receipt  of  such  repri- 
mand or  caution,  or  if  the  council  after  the  inquiry  as  afore- 
said shall  judge  such  person  to  have  been  guilty  of  infamous 
or  disgraceful  conduct  in  any  professional  or  other  respect, 
the  Lieutenant-Governor  may  direct  the  name  of  such  person 
to  be  erased  from  the  register:  Provided,  That  the  name  of 
any  person  shall  not  be  erased  because  of  his  conviction  out 
of  His  Majesty's  dominions  of  a  political  offence  or  because 
of  his  conviction  of  any  offence  which  though  coming  within 
the  provisions  of  this  section  is,  in  the  opinion  of  the  council, 
either  from  the  trivial  nature  of  the  offence  or  from  the  cir- 
cumstances in  which  it  was  committed  insufficient  to  dis- 
qualify a  person  from  being  registered  under  this  ordinance. 

Section  34.  If  any  person  registered  under  this  ordinance 
shall,  after  due  inquiry  in  manner  provided,  be  found  to  have 
counselled  or  knowingly  been  a  party  to  the  performance  of 
any  act  in  respect  of  which  any  other  person  shall  have  been 
convicted  of  a  contravention  of  section  twentv-one,  twentv- 


554     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

two,  and  twenty-four  of  this  ordinance,  such  person  shall  be 
dealt  with  under  the  last  preceding  section  as  a  person  guilty 
of  improper  or  unprofessional  conduct,  or  of  infamous  or  dis- 
graceful conduct  as  the  council  shall  determine:  Provided, 
That  the  provisions  of  this  section  shall  not  be  deemed  to 
exempt  any  person  from  prosecution  for  any  contravention 
of  the  said  sections  twenty-one,  twenty-two,  and  twenty-four 
to  which  he  may  be  liable. 

Section  35.    President  may  administer  oath. 

Section  36.  No  medical  practitioner,  dentist,  or  chemist 
and  druggist  whose  name  shall  be  erased  from  the  Register 
under  sections  thirty-two,  thirty-three,  and  thirty-four  shall 
be  deemed  by  reason  that  such  medical  practitioner,  dentist, 
or  chemist  and  druggist  shall  remain  in  possession  of  a  certi- 
ficate of  registration  to  be  entitled  to  practise  the  profession 
or  carry  on  the  calling  to  which  such  certificate  relates. 

Section  37.  Council  may  remove  from  register  any  nurse 
upon  proof  of  incompetence  or  misconduct. 

Section  38.  Medical  practitioner  may  practise  as  ac- 
coucheur. 

Section  39.    Certificate  to  be  signed  by  registered  person. 

Section  40.  Medicines  to  be  dispensed  according  to  the 
British  Pharmacopeia. 

Section  41.  Shop  to  be  conducted  under  the  personal 
supervision  of  chemist. 

Section  42.  Executor  of  chemist  may  carry  on  his  busi- 
ness. 

Section  43.  No  person  shall  hold  any  appointment  as  a 
physician,  surgeon,  or  other  medical  officer,  or  as  a  dentist  or 
as  a  dispenser  or  compounder  of  medicines  in  any  hospital, 
lunatic  asylum,  convict  station,  or  other  public  establishment 
or  institution,  or  to  any  friendly  or  other  society  for  affording 
mutual  relief  in  sickness,  infirmity,  or  old  age,  or  as  a  medical 
officer  of  health,  unless  he  be  registered  under  this  ordinance 
as  a  medical  practitioner,  dentist,  or  chemist  and  druggist  as 
the  case  may  be. 

Section  44.  No  person  shall  be  entitled  to  recover  any 
charge  in  any  court  of  law  for  any  medical  or  surgical  advice 


TRANSVAAL  555 

or  attendance,  or  for  the  performance  of  any  operation  as  a 
medical  practitioner  or  dentist,  or  commonly  performed  only 
by  a  medical  practitioner  or  dentist,  or  for  any  medicine 
which  he  shall  have  prescribed  or  supplied,  unless  he  shall 
prove  upon  trial  that  he  is  registered  under  this  ordinance. 

Section  45.    Fines  payable  to  treasury. 

Section  46  to  57.    Poisons. 

Section  58.    Repeal  of  laws. 

Section  59.  This  ordinance  shall  take  effect  on  such  day 
as  the  Lieutenant-Governor  shall  appoint  by  proclamation 
in  the  Gazette,  but  the  fourth  section  thereof  shall  take  effect 
at  an  earlier  date,  to  be  likewise  appointed  by  the  Lieutenant- 
Governor  by  proclamation  in  the  Gazette. 

Section  60.  This  ordinance  may  be  cited  as  the  "  Medical 
and  Pharmacy  Ordinance,  1904." 

TRANSVAAL 

Medical,  Dental,  and  Pharmacy  Ordinance  of   the  Transvaal, 
No.  29,  of  1904. 

1.  This  ordinance  may  be  cited  as  the  Medical  Dental 
and  Pharmacy  Ordinance,  1904. 

3.  In  this  ordinance  unless  inconsistent  with  the  context: 
"Dentist"  shall  mean  every  person  lawfully  entitled  to 
practise  as  a  dentist  or  dental  surgeon  in  this  colony  either 
separately  or  in  addition  to  his  practice  as  a  medical  prac- 
titioner or  chemist  and  druggist  on  the  day  before  the  taking 
effect  of  this  ordinance,  and  also  every  person  duly  qualified 
by  registration  under  this  ordinance  to  practise  as  a  dentist 
within  this  colony.    .     .     . 

Part  II 

Constitution  and  general  powers  of  the  Transvaal  Medical 
Council  and  the  Transvaal  Pharmacy  Board. 

5.  On  the  day  of  the  taking  effect  of  this  ordinance  there 
shall  be  established  in  this  colony: 


556     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

(a)  A  body  to  be  styled  the  Transvaal  Medical  Council ;  and 

(6)  A  body  to  be  styled  the  Transvaal  Pharmacy  Board. 

6.  The  council  shall  consist  of  eight  medical  practitioners 
and  two  dentists;  of  the  medical  practitioners  two  shall  be 
nominated  by  the  Lieutenant-Governor,  the  medical  officer  of 
health  of  the  colony  being  one  of  them,  and  of  the  dentists 
one  shall  be  so  nominated;  six  medical  practitioners  and  one 
dentist  shall  be  elected  by  the  medical  practitioners  and 
dentists  of  the  colony  respectively  in  manner  hereinafter 
provided.  Not  more  than  three  of  the  elected  medical  prac- 
titioners shall  be  resident  in  one  district. 

8.  Method  of  election  of  council  and  board. 

11.  The  dentists  appointed  as  members  of  the  council  as 
aforesaid  shall  be  entitled  to  be  present  at  all  meetings  of  the 
council,  but  unless  such  dentists  be  also  qualified  medical 
practitioners  they  shall  not  be  entitled  to  vote  upon  any 
question  or  matter  brought  before  the  council  unless  by 
resolution  of  the  majority  of  the  members  thereof,  such  ques- 
tion or  matter  has  been  decided  to  relate  to  dentistry  or 
dental  surgery;  Provided,  however,  That  such  dentists  shall 
be  qualified  to  vote  in  any  election  of  a  president  of  the 
council  should  such  post  from  any  cause  become  vacant. 

17.  Every  person  who  on  the  day  before  taking  effect  of 
this  ordinance  shall  be  in  this  colony: 

(h)  Lawfully  entitled  to  practise  as  a  dentist; 
shall,  notwithstanding  the  passing  of  this  ordinance,  be  en- 
titled to  continue  to  practise  or  carry  on  his  calling  as  afore- 
said, and  shall  be  entitled  without  charge  to  the  registration 
certificate  referred  to  in  sections  eighteen  and  twenty-three  as 
the  case  may  be :  Provided,  That, 

(1)  The  names,  addresses,  and  qualifications  of  all  such 
persons  shall  as  soon  as  may  be  after  the  taking  effect  of  this 
ordinance  be  entered  in  the  register  referred  to  in  this  ordi- 
nance; 

(2)  Every  such  person  shall  on  and  after  the  said  date  be 
amenable  to  all  the  provisions  of  this  ordinance  or  of  any 
law  relating  to  medical  practitioners,  dentists,  or  chemists 
and  druggists,  as  the  case  may  be. 


TRANSVAAL  557 

(3)  Every  such  dentist  as  aforesaid  shall  be  placed  upon 
the  aforesaid  register  upon  production  to  the  secretary  of  the 
council  within  two  months  after  the  aforesaid  date  of  a 
declaration  in  the  form  of  the  second  schedule  to  this  ordi- 
nance, signed  by  him,  and  setting  forth  his  name  and  address 
and  his  qualification  for  the  practice  of  dental  surgery; 

(4)  No  omission  of  or  mistake  in  any  entry  which  should  be 
made  in  the  aforesaid  register  in  accordance  with  subsection 
(1)  of  this  section  shall  be  deemed  to  prejudice  the  right  of  the 
person  in  respect  of  whose  name,  address,  or  qualification 
such  omission  or  mistake  has  occurred  to  practise  as  afore- 
said if  lawfully  entitled  to  do  so. 

18.  On  and  after  the  day  on  which  this  ordinance  takes 
effect  no  person  (save  and  except  such  person  as  is  referred  to 
in  the  last  preceding  section)  shall  be  entitled  to  practise  as  a 
medical  practitioner  or  dentist  unless  he  has  obtained  a  regis- 
tration certificate  signed  by  the  Colonial  Secretary  on  the 
recommendation  of  the  council  on  payment  of  a  fee  of  ten 
pounds;  previously  to  obtaining  such  registration  certificate 
such  person  shall  submit  his  diploma  or  other  certificate  of 
his  being  duly  qualified  to  practise  as  a  medical  practitioner 
or  dentist,  as  the  case  may  be,  for  the  examination  and 
approval  of  the  council,  who  may  require  by  sworn  declara- 
tion before  a  justice  of  the  peace  or  by  other  evidence  such 
proof  of  identity  and  good  character  of  such  person  and  of 
the  authenticity  and  present  validity  of  such  diploma  or 
certificate  as  it  shall  deem  fit,  and  any  person  wilfully  making 
a  false  statement  in  such  declaration  shall  be  liable  to  the 
penalties  provided  by  law  for  the  crime  of  perjury:  Provided, 
always,  That  the  Colonial  Secretary  shall  if  the  council  be 
satisfied  with  the  proof  of  his  identity  and  good  character 
grant  a  certificate  to  every  applicant  whose  name  appears 
in  the  British  Medical  Register  or  who  is  entitled  to  be 
registered  in  Great  Britain  and  Ireland:  Provided,  further. 
That  the  Lieutenant-Governor  may  at  any  time  within  six 
months  from  the  date  of  the  taking  eft'ect  of  this  ordinance, 
anything  in  this  ordinance  or  any  other  law  to  the  contrary 
notwithstanding,  grant  a  license  to  be  admitted  as  a  medical 


558     ST  A  TUTES  REGULATING  PRACTICE  OF  DENTISTRY 

practitioner  to  any  person  with  whose  quaUfication  and 
experience  he  is  satisfied,  and  who  shall  for  a  period  of 
twelve  years  prior  to  the  taking  effect  of  the  proclamation 
(Transvaal)  No.  1  of  1902,  have  been  continuously  practising 
as  a  physician,  surgeon,  or  accoucheur  in  this  colony,  and 
the  name  of  such  person  shall  thereupon  be  entered  in  the 
register  referred  to  in  this  ordinance. 

19.  No  such  registration  certificate  as  aforesaid  shall  be 
granted  to  any  applicant  to  practise  as  a  medical  practitioner 
or  dentist  by  virtue  of  the  degree,  diploma,  or  certificate  of  a 
foreign  or  colonial  university  or  medical  school,  unless  it  be 
.proved  to  the  satisfaction  of  the  council  that: 

(1)  The  said  degree  or  diploma  entitled  the  holder  to  prac- 
tise as  a  medical  practitioner  or  dentist,  as  the  case  may  be, 
in  the  country  or  state  in  which  it  was  granted; 

(2)  By  the  laws  of  the  country  in  which  such  degree  or 
diploma  was  conferred,  British  subjects  legally  qualified  to 
practise  as  medical  practitioners  or  dentists  in  Great  Britain 
and  Ireland  are  afforded  privileges  equivalent  to  those 
granted  by  registration  under  this  ordinance; 

(3)  The  curriculum  and  standard  of  proficiency  of  examina- 
tion required  for  such  degree,  diploma,  or  certificate  are  not 
lower  than  those  prescribed  by  the  general  council  of  medical 
education  of  the  United  Kingdom; 

Provided,  always,  That  anything  to  the  contrary  notwith- 
standing in  this  or  any  other  section  of  this  ordinance  con- 
tained, any  person  who  shall  have  been  in  actual  practice  as  a 
dentist  in  the  Transvaal  prior  to  the  date  of  the  taking  effect 
of  proclamation  (Transvaal)  No.  1,  of  1902,  and  who  was 
qualified  to  practise  as  such  dentist  under  the  laws  in  force 
prior  to  such  date  as  aforesaid  shall  be  entitled  to  a  certificate 
of  registration,  and  to  have  his  name  entered  on  the  register 
referred  to  in  this  ordinance. 

20.  Where  the  council  has  refused  to  approve  of  the 
diploma  or  certificate  submitted  in  terms  of  section  eighteen 
or  nineteen  by  any  person  desirous  of  being  registered  as  a 
medical  practitioner  or  dentist  the  Supreme  Court,  on  appli- 
cation made  to  it,  by  such  person,  may,  after  notice  of  such 


TRANSVAAL  559 

application  has  been  given  to  the  council,  order  that  a  regis- 
tration certificate  be  issued  to  the  applicant  in  case  it  shall 
be  of  opinion  that  the  council  has  not  acted  in  accordance 
with  the  provisions  of  the  said  sections,  and  the  name  of  such 
applicant  shall  thereupon  be  entered  in  the  register  referred 
to  in  this  ordinance. 

27.  Persons  who  have  served  an  apprenticeship  of  not 
less  than  three  years  to  a  dentist  entitled  to  be  registered 
under  this  ordinance,  and  who  are  bona  fide  engaged  as 
mechanical  assistants  to  dentists  in  this  colony  at  the  date  of 
the  passing  of  this  ordinance  may  register  as  students  within 
two  months  thereof,  and  during  the  next  two  years  may 
present  themselves  for  examination  under  rules  to  be  drawn 
up  by  the  council,  and  if  approved  of  after  such  examination 
by  the  council  the  Colonial  Secretary  shall  grant  certificates 
of  registration  to  such  persons  under  this  ordinance  to  prac- 
tise as  dentists. 

35.  The  council  shall  in  the  month  of  January  in  each  yea,T 
publish  in  the  Gazette  a  list  containing  the  names  of  all 
holders  on  the  thirty-first  of  December  last  preceding  of 
registration  certificates  as 

(a)  Medical  practitioners; 
(6)  Dentists; 

(c)  Chemists  and  druggists; 

(d)  Midwives; 

(e)  Nurses; 

and  such  list  shall  wherever  possible  state  the  addresses  of 
such  holders. 

36.  No  person  shall  be  deemed  to  be  disqualified  to  be 
duly  registered  and  lawfully  entitled  to  practise  as  a  medical 
practitioner,  dentist,  or  chemist  and  druggist  merely  by 
reason  that  such  person  is  a  female. 

38.  Any  person  who  shall  wilfully  procure  or  attempt  to 
procure  himself  or  any  other  person  to  be  registered  under 
this  ordinance  by  making  or  producing  or  causing  to  be  made 
or  produced  any  false  or  fraudulent  representation  either, 
verbally  or  in  writing,  not  amounting  to  the  crime  of  periury, 
and  every  person  aiding  or  assisting  him  therein  shall  on 


560     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

conviction  thereof  be  liable  to  be  imprisoned  with  or  without 
hard  labor  for  a  period  not  exceeding  twelve  months. 

39,  Any  person  who  shall  wilfully  and  falsely  pretend  to 
be  or  take  or  use  the  name  or  title  of  a  physician,  doctor  of 
medicine,  licentiate  in  medicine  or  surgery,  bachelor  of  medi- 
cine, doctor  surgeon,  general  medical  practitioner,  or  apothe- 
cary, or  dentist  or  chemist,  or  druggist,  or  any  name,  title, 
addition  or  description  implying  or  calculated  to  lead  people 
to  infer  that  he  is  registered  under  this  ordinance,  or  that  he 
is  duly  qualified  to  practise  as  a  physician,  doctor  of  medicine, 
or  surgeon,  or  licentiate  in  medicine  and  surgery,  bachelor  of 
medicine,  doctor,  general  medical  practitioner,  or  an  apothe- 
cary, or  a  dentist,  or  a  chemist  and  druggist,  and  any  person 
who  shall  practise  or  shall  do  anything  or  perform  such  acts 
as  specially  belong  to  the  calling  of  a  medical  practitioner, 
dentist,  or  chemist  and  druggist  respectively  without  such 
registration  as  aforesaid  shall  be  liable  to  a  fine  not  exceeding 
one  hundred  pounds  for  each  offence,  and  in  default  of  pay- 
ment he  shall  be  liable  to  imprisonment  with  or  without  hard 
labor  for  a  period  not  exceeding  six  months  unless  such  fine 
be  sooner  paid. 

40.  (1)  There  shall  be  kept  in  the  office  of  the  Colonial 
Secretary  a  correct  register  of  the  names,  addresses,  dates  of 
registration  and  qualifications  of  all     .     .     . 

(6)  Dentists; 
which  register  shall  be  kept  in  five  corresponding  parts,  and 
the  person  appointed  by  the  Colonial  Secretary  to  keep  such 
Register  shall  make  entries  therein  in  accordance  with  infor- 
mation from  time  to  time  supplied  by  the  secretary  of  the 
council  in  respect  of  medical  practitioners,  dentists,  certifi- 
cated midwives,  and  trained  nurses,  and  by  the  secretary  of 
the  board  in  respect  of  chemists  and  druggists,  and  shall  from 
time  to  time  erase  the  names  of  all  registered  persons 
reported  to  him  by  the  secretary  of  the  council  or  board  or 
known  to  him  to  have  died,  and  shall  from  time  to  time  make 
necessary  alterations  in  the  addresses  or  statements  of 
qualification  of  the  persons  registered  under  this  ordi- 
nance. 


TRANSVAAL  561 

(2)  To  enable  the  register  to  be  properly  kept  the  secre- 
tary of  the  council  or  board  may  write  and  forward  a  duly 
registered  letter  to  any  registered  person  addressed  to  him 
according  to  his  address  on  the  register,  and  inquire  of  him 
whether  he  has  ceased  to  practise  or  has  changed  his  resi- 
dence, and  if  no  answer  shall  be  returned  to  such  letter  within 
the  period  of  six  months  from  the  posting  thereof  it  shall  be 
lawful  to  erase  the  name  of  such  person  from  the  Register  : 
Provided,  always,  That  the  same  may  be  restored  at  the  request 
of  the  council  or  board,  as  the  case  may  be.  Provided,  fur- 
ther. That  the  erasure  of  such  person's  name  shall  not  in 
itself  disqualify  him  from  practising  the  profession  or  carry- 
ing on  the  calling  in  respect  of  which  he  is  duly  certified. 

41.  Every  person  registered  under  this  ordinance  who  may 
have  obtained  any  degree  or  qualification  other  than  the 
degree  or  qualification  in  respect  of  which  he  may  be  regis- 
tered, may  with  the  consent  in  writing  of  the  council  or  board, 
as  the  case  may  be,  have  such  other  degree  or  qualification 
inserted  in  the  Register  in  substitution  for  or  in  addition  to 
the  degree  or  qualification  already  registered,  on  payment  of 
such  fee  as  may  be  prescribed  by  regulations  made  by  the 
council  or  board,  as  the  case  may  be,  and  approved  of  and 
published  as  in  the  ordinance  is  provided. 

42.  No  degree  or  qualification  shall  be  entered  on  the 
register  either  on  the  first  registration  or  by  way  of  addition 
to  a  registered  name,  or  as  in  the  last  section  mentioned,  unless 
the  council  or  board,  as  the  case  may  be,  be  satisfied  by  the 
proper  evidence  that  the  person  claiming  it  is  entitled  to  it; 
and  any  entry  which  shall  be  proved  to  the  satisfaction  of  the 
council  or  board  to  have  been  fraudulently  or  incorrectly 
made  may  be  erased  from  the  register:  Provided,  That  a 
record  of  the  reason  for  every  such  erasure  shall  be  signed  by 
or  on  behalf  of  the  Colonial  Secretary  and  kept  in  his  ofiice. 

43.  The  Colonial  Secretary  shall,  at  the  request  of  the  coun- 
cil or  board  as  the  case  may  be,  cause  to  be  erased  from  the 
register  the  name  of  any  person  who  either  before  or  after 
the  passing  of  this  ordinance  may  have  been  declared  dis- 
qualified for  practice  or  whose  name  may  have  been  struck 

36 


562     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

off  the  roll,  register,  or  record  of  the  hospital,  university, 
college,  or  other  body  in  this  colony  or  elsewhere  from  which 
such  person  received  any  diploma,  degree,  certificate,  or  any 
other  instrument  upon  the  faith  of  which  such  person  was 
permitted  to  practise  in  this  colony,  and  thereupon  such 
person  shall  no  longer  be  deemed  to  be  a  medical  practitioner, 
dentist,  or  chemist  and  druggist,  nurse,  or  midwife,  as  the  case 
maybe:  Provided,  That  the  Colonial  Secretary,  before  causing 
the  name  of  such  person  to  be  erased,  shall  be  satisfied  that 
such  person  has  if  possible  had  an  opportunity  of  showing 
cause  before  the  council  or  board,  as  the  case  may  be,  why  his 
name  should  not  be  erased  from  such  register. 

44.  If  any  person,  registered  or  certificated  under  this 
ordinance  shall  after  due  inquiry  at  which  such  person  shall 
have  an  opportunity  for  being  heard,  be  judged  by  the  council 
or  board,  as  the  case  may  be,  to  have  been  guilty  of  improper 
or  unprofessional  conduct,  the  council  or  board,  as  the  case 
may  be,  may  reprimand  and  caution  such  person  in  writing 
under  the  hand  of  its  president,  and  if  such  improper  or  un- 
professional conduct  be  persisted  in  by  such  person  after  due 
receipt  of  such  reprimand  or  caution,  or  if  the  council  or 
board,  as  the  case  may  be,  shall  judge  such  person  after  such 
inquiry  to  have  been  guilty  of  infamous  or  disgraceful 
conduct  in  any  professional  or  other  respect  the  Colonial 
Secretary  may,  on  the  advice  of  the  council  or  board,  direct 
that  the  name  of  such  person  be  erased  from  the  register 
and  that  his  certificate  be  withdrawn  and  cancelled.  The 
council  or  board,  as  the  case  may  be,  shall  make  such  inquiry 
upon  bona  fide  information  or  complaint  made  by  any  mem- 
ber of  the  public  or  by  the  medical  officer  of  health  for  the 
Transvaal :  Provided,  That  the  name  of  such  person  may  be 
restored  thereafter  to  the  register  on  the  request  of  the 
council  or  board,  as  the  case  may  be:  Provided,  further, 
That  no  person  whose  name  shall  be  erased  from  the  register 
under  this  section  shall  be  qualified  to  practise  the  profession 
or  carry  on  the  calling  in  respect  of  which  he  was  registered 
until  his  name  shall  have  been  restored  as  aforesaid. 


TRANSVAAL  563 

45.  If  any  person  registered  or  certificated  under  this 
ordinance  shall  after  due  inquiry  in  manner  provided  by  the 
last  preceding  section  of  this  ordinance  be  found  to  have 
counselled  or  knowingly  been  a  party  to  the  performance  of 
any  act  in  respect  of  which  any  other  person  shall  have  been 
convicted  of  a  contravention  of  section  thirty-eight  of  this 
ordinance,  such  first  mentioned  person  shall  be  dealt  with 
under  the  last  preceding  section  as  a  person  guilty  of  im- 
proper or  unprofessional  conduct  or  of  infamous  or  disgrace- 
ful conduct,  as  such  council  or  board  shall  determine:  Pro- 
vided, That  the  provision  of  this  section  shall  not  be  deemed 
to  exempt  any  person  from  prosecution  for  any  contravention 
of  the  said  section  thirty-eight  to  which  he  may  be  liable. 

46.  Any  license  or  certificate  obtained  either  before  or 
after  the  taking  effect  of  this  ordinance  by  means  of  any  false 
or  fraudulent  representation  or  by  personation  shall  be  void, 
and  any  person  holding  or  practising  by  virtue  of  any  such 
license  or  certificate  shall  be  liable  to  the  penalties  provided 
by  sections  thirty-three  and  thirty-nine  of  this  ordinance  for 
practising  without  a  registration  certificate. 

59.  It  shall  be  lawful  for  the  secretary  of  the  council  or 
board,  as  the  case  may  be,  or  any  person  duly  authorized  in 
writing  under  the  hand  of  the  president  to  take  and  institute 
any  proceedings  civil  and  criminal  on  behalf  of  the  council 
or  board,  but  nothing  herein  contained  shall  be  deemed  to 
deprive  any  person  of  any  right  which  but  for  this  section  he 
w^ould  have  to  institute  any  proceedings,  civil  or  criminal, 
against  any  other  person. 

60.  The  Gazette  containing  the  list  mentioned  in  section 
thirty-five  of  this  ordinance  shall  be  evidence  in  all  proceed- 
ings civil  or  criminal  that  the  persons  whose  names  appear 
on  such  list  are  registered  according  to  the  provisions  of  this 
ordinance;  and  the  absence  of  the  name  of  any  person  from 
such  list  shall  be  evidence  until  the  contrary  be  made  to 
appear  that  such  person  is  not  registered  according  to  the 
provisions  of  this  ordinance:  Provided,  always,  That  in  the 
case  of  any  person  whose  name  does  not  appear  on  such  list  a 
certificate  under  the  hand  of  the  Colonial  Sec^etar^'  that  the 


564     STATUTES  REGULATING  PRACTICE  OF  DENTISTRY 

name  of  such  person  is  entered  on  the  register  shall  be  evi- 
dence that  such  person  is  registered  under  the  provisions  of 
this  ordinance. 

63.  The  council  shall  be  deemed  to  be  concerned  with  and 
interested  in  matters  arising  out  of  and  in  connection  with  so 
much  of  this  ordinance  as  deals  with  medical  practitioners, 
dentists,  midwives,  and  nurses,  and  the  board  shall  be  deemed 
to  be  concerned  with  and  interested  in  matters  arising  out 
of  and  in  connection  with  so  much  of  this  ordinance  as  deals 
with  chemists  and  druggists. 

64.  All  rules  and  regulations  by  this  ordinance  authorized 
to  be  made  by  the  council  or  board  shall  be  of  legal  validity 
only  when  approved  of  and  published  by  the  Lieutenant- 
Governor  by  notice  in  the  Gazette,  and  by  such  regulations 
penalties  for  the  breach  thereof  may  be  prescribed  not 
exceeding  in  any  case  a  fine  of  ten  pounds. 

66.  No  person  shall  be  entitled  to  recover  any  charge  in 
any  court  of  law  for  jiny  medical  or  surgical  advice  or  attend- 
ance, or  for  the  performance  of  any  operation  as  a  medical 
practitioner  or  dentist,  or  commonly  performed  only  by  a 
medical  practitioner  or  dentist,  or  for  any  medicine  which  he 
shall  have  prescribed  or  dispensed  unless  he  shall  prove  upon 
the  trial  that  he  is  registered  under  this  ordinance. 

67.  No  person  shall  hold  any  appointment  as  a  physician, 
surgeon,  or  any  other  medical  officer  or  dentist  or  dispenser  of 
any  medicines  in  any  hospital  or  in  any  lunatic  asylum, 
convict  station,  prison,  house  of  correction,  or  other  public 
establishment  or  institution,  or  to  any  friendly  or  other 
society  for  affording  mutual  relief  in  sickness,  infirmity,  or  old 
age,  or  as  a  medical  officer  of  health  unless  he  be  registered 
under  this  ordinance  as  a  medical  practitioner,  dentist,  or 
chemist  and  druggist,  as  the  case  may  be. 


INDEX 


Abandonment  of  patient,  115-122 
consent  to,  117-118 
notification  of,  117 
Abbreviations  in  books  of  account, 

85 
"About,"  meaning  of,  96-97 
Acknowledgment  of  debt,  effect  of, 

88 
Advertising,  34,  38 
Advice,    liability    for    erroneous, 
113-114 
non-professional,  129 
Affidavit  of  former  practice,  28 
Agency  of  child  for  parent,  61 

of  wife  for  husband,  65 
Alabama,  statute  of,  186 
Alberta,  statute  of,  393 
Anesthetics,  improper  use  of,  123 
Appeal   (for  statutory  provisions, 
see  statutes  of  various  States 
Chap.  X) 
from  decisions  of  board,  24 
Arizona,  statute  of,  189 
Arkansas,  statute  of,  193 
Assault  and  battery,  liability  for, 

151 
Assistant  (for  law  governing  right 
of  assistants  to  practice,  see 
various  statutes,  Chap.  X) 
delegation  of  work  to,  47 
malpractice  of,  130 


B 


Books    of    account,    as    evidence, 

177-180 
British  Columbia,  statute  of,  403 


Brother,  liability  of,  69 

Burden     of     proof     (see     various 
statutes.  Chap.  X) 
of  license,  76 
of  malpractice,  134 
of  right  to  practise,  150 
of  status  of  college,  31 


California,  statute  of,  195 
Cape  of  Good  Hope,  statute  of,  524 
Care,  duty  of  dentist  to  exercise, 
104,  111-114,  122 
duty  of  patient  to  exercise,  132 
College,  status  of,  28 

power  of  dental  board  over,  30 
Colorado,  statute  of,  203 
Company    (for    statutory    regula- 
tions  in   regard    to    dental 
companies,  see  various  stat- 
utes. Chap.  X) 
practising  under  name  of,  145 
Compensation,   effect  of  recovery 
of,  upon  malpractice  suits, 
133 
loss  of,  for  breach  of  warranty, 
100-101 
for    failure    to    complete 

work  on  time,  94 
for      use      of      improper 
materials,  91-94 
right  of  dentist  to,  44-47,  50 
as  affected  by  mal- 
practice, 78 
dependent    on    con- 
tract, 51 
under  express  agree- 
ment, 51 


566 


INDEX 


Compensation,  right  of  dentist  to, 
for  gratuitous  ser- 
vices, 51 
for  services  of   con- 
sultant, 52 
at  inquest,  72 
when     no     rate     is 
agreed  on,  51 
of  unUcensed  dentist  to, 

73-76 
of     unregistered     dentist 
to,  74 
when  barred,  86 
when  due,  79 
Confidential    communication,    ex- 
emption from  testifying  as  to, 
20,  163-170 
Connecticut,  statute  of,  205 
Consent,  to  cessation  of  services, 
117 
to  delegation  of  work,  47 
as    defence    to    assault    and 
battery,  151 
to  homicide,  154 
to  operation,  124 
presumption  of,  125 
of  relatives,  126 
to  services  of  consultant,  52 
Contract,  as  affected  by  custom, 
80 
delegation  of,  47 
express,  43-46 
implied,  46-47,  52,  61-64,  70, 

90-93,  97 
of  infants,  52-57 
oral,  40 
of  wife,  64-69 
written,  41-43,  81 
Conti'ibutory  negligence  of  patient, 

119,  132 
Coroner's  inquest,  services  at,  72 
County,  liability  of,  71-73 
Crime   (see  provisions  of  various 
statutes.  Chap.  X) 
illegal  practice  as  a,  140-155 
Cure,  warranty  of,  97-101 
Custom,  as  affecting  contract,  80 


Damages,  amount  recoverable  by 
dentist,  50-51 


Damages,  amount  recoverable  by 
patient,  89-92,  94, 
95,  120,  137 
duty  of  dentist  to  minimize, 
45 
of   patient   to    minimize, 
50,  120 
right  of  dentist  to,  45,  46,  50 
patient  to,  45-47,  89-91, 
102-103 
Definitions    (for   statutory   defini- 
tions, see  various  statutes, 
Chap.  X) 
of  dentistry,  17-19 
of  expert,  170 
of  malpractice,  102 
of  medicine,  17 
of  practice,  141-144 
Degree  (for  statutory  regulations, 
see     statutes     of     various 
States,  Chap.  X) 
of    care   required    of   dentist, 

104-111 
dental,    as   a   prerequisite   to 
practice,  25 
Delaware,  statute  of,  209 
Delay  (see  for  statutory  provisions, 
statutes  of  various  States, 
Chap.  X) 
in  bringing  suit,  86-88 
in  finishing  work,  94-97 
Delegation  of  contract,  47 
Dental    Board     (see    statutes    of 
various    States,    Chap. 
X) 
delegation   of  power  by, 

29 
duty  of,  to  grant  license, 

28 
finality  of  action  by,  29, 

38 
function  of,  28 
power    of,    to    determine 
possession    of 
requirements, 
28 
reputability     of 
college,  28-30 
to  refuse  license,  28 
to    waive    examina- 
tion, 31 
Dentist,     duty     of,     to     instruct 
patient,  114-115 


INDEX 


567 


Dentist,  duty  to  notify  patient  to 
attend,  121-122 
to   patient,    97-98,    104- 

131 
to  treat  patient,  45 
as  expert,  171-180 
liability   of,    for   assault    and 
battery,  151 
to  assistant,  52 
for  homicide,  153 
for  illegal  practice,   139- 
150      (for      statu- 
tory provisions,  see 
Chap.  X) 
use  of  title,  145-147 
for  jury  duty,  181-185 
for  omission  to  instruct, 

114 
for  operating  without  con- 

sent,_  124 
to  patient,  for  abandon- 
ment, 115 
for    breach    of    con- 
tract, 89-101 
for  erroneous  advice, 
113 
prescription, 
114 
for   failure    to    com- 
plete work  in 
time,  94 
to  cure,  97 
for  infection,  122 
for  malpractice,  102- 
139 
of  assistant,  130 
of  druggist,    131 
of  partner,  130 
of       substitute, 
131 
for  use  of  anesthetic, 
123 
of     improper 
materials,  91 
for  wrong  diagnosis, 
111 
for  practising  after  revo- 
cation   of    license, 
149 
on  Sunday,  155 
for  rape,  152 
relation  between  patient  and, 
41-49,  102 


Dentist,  right  of,  to  experiment  on 
patient,  110-111 
as  witness,  156 
Dentistry,  as  branch  of  medicine, 
17-20,    164,    168,    181- 
185 
of    surgery,     18-20     (see 
statutes      of      various 
States,  Chap.  X) 
Diagnosis,    Uability   for   error   in, 

111-113 
Diploma  as   evidence  of  right  to 
practice,  31 
genuineness  of,  31 
as  prerequisite  to  practice,  23, 

25-26 
proof  of,  78 
withdrawal  of,  38 
Discharge  of  patient,  118 
Dishonorable  conduct   (for  statu- 
tory    provisions,      see 
statutes      of      various 
States,  Chap.  X) 
effect  of,  34-38 
meaning  of,  34-38 
District  of  Columbia,  statute  of, 

212 
Druggist,   liability  of  dentist   for 
negligence  of,  131 


E 


Employer,  hability  of,  for  services 

to  employee,  71 
England,  statute  of,  381 
Ethics,  34-38 

Evidence.    See  also  Witness, 
books  of  account  as,  82-86 
to  prove  claim,  80-86 
Examination  (for  requirements  of 
various   States,    see    Chap. 

as  evidence  in  civil  suit,  39 
as  a  prerequisite  to  practice, 

24,  26 
waiver  of,  31 
of  witness,  173-180 
Expert,  compulsory  attendance  of, 

156,  161 
definition  of,  170 
the  dentist  as  an,  171-180 
fee  of,  158-163 


568 


INDEX 


False  representations  (see  statutes 
Chap.  X) 
obtaining  money  by,  147 
practising  under,  145 
Fee.    See  also  Compensation. 

as  a  prerequisite  to  practice, 

26 
of  witnesses,  158-163 
Florida,  statute  of,  214 
Forfeiture     of     license,     33     (for 

statutes,  see  Chap.  X) 
Fraud  in  practising,  37 
Frauds,  statute  of,  41 


G 

Georgia,  statute  of,  218 
Gifts  of  patient,  49 

H 

Hawaii,  statute  of,  372 
Homicide,  liability  for,  153 
Husband,  liability  of,  64-71 
right  to  choose  dentist,  68 


Idaho,  statute  of,  222 

Illinois,  statute  of,  225 

Illness  as  an  excuse  for  attend- 
ance of  witness,  157 

Incompetency,  effect  of  admission 
of,  129 

Indiana,  statute  of,  232 

Infamous  conduct  as  ground  for 
revocation  of  license,  34-35 
(for  statutory  provisions,  see 
Chap.  X) 

Infant.     See  also  Necessaries, 
liability  of,  52-57 

Infection  of  patient,  122 

Instructions,  duty  of  dentist  to 
give,  114-115 

Instruments,  exemption  of,  from 
attachment,  18,  21 

Interest  on  claim,  80 

Iowa,  statute  of,  237 

Itinerant  dentist,  20 


Jury  duty,  liability  of  dentist  to, 
19,  181-185  (for  statutes,  see 
Chap.  X) 


Kansas,  statute  of,  240 
Kentucky,  statute  of,  243 


License  (for  statutory  regulations, 
see  Chap.  X) 
forfeiture  of,  33,  77 
lack  of,  as  affecting  liability 

for  malpractice,  129  note 
as  prerequisite  to  practice,  26 
revocation  of,  after  acquittal 
from  charges,  38 
effect  of,  39 
without  a  hearing,  38 
for  misconduct,  34-38 
on  old  charges,  38 
practising  after,  148 
for     withdrawal     of     di- 
ploma, 38 
wrongful  withholding  of,  144 
Limitations,  statute  of   (see  stat- 
utes. Chap.  X) 
claim    for    compensation 
barred  by,  86 
for  malpractice  barred 
by,  138 
prosecutions     for     illegal 
practice  barred  by,  151 
Louisiana,  statute  of,  246 


M 

Maine,  statute  of,  248 
Malpractice,  102-139 

action  for,  when  barred,  138 
as  affecting  right  t6  compen- 
sation, 78 
definition  of,  102 
effect  of  admission  of  lack  of 
skill  on,  129 
of  gratuitous  services  on, 
111 


INDEX 


569 


Malpractice,  failure  to  cure  as,  98 

of  others,  liability  for,  130 

proof  of,  134 
Manitoba,  statute  of,  418 
Maryland,  statute  of,  249 
Massachusetts,  statute  of,  251 
Materials,  use  of  improper,  91-94 
Michigan,  statute  of,  253 
Minnesota,  statute  of,  259 
Mississippi,  statute  of,  262 
Missouri,  statute  of,  264 
Mistake  of  dentist,  44 

of  patient,  44 
Moral     character     (see     statutes. 
Chap.  X) 

as  a  prerequisite  to  practice, 
25-26 
Montana,  statute  of,  269 


N 


Natal,  statute  of,  535 
Nebraska,  statute  of,  272 
Necessaries,    liability   of   husband 
for,  65-69 
of  infant  for,  53-57 
of  parent  for,  57-63 
what  are,  53,  55,  59,  66,  67 
Necessity,  works  of,  48 
Negligence.     See  Malpractice, 
of  patient,  119 
proof  of,  134 
what  is,  104-124 
Nevada,  statute  of,  282 
New      Brunswick,     statute      of, 

427 
Newfoundland,  statute  of,  436 
New      Hampshire,      statute     of, 

288 
New  Jersey,  statute  of,  290 
New  Mexico,  statute  of,  297 
New     South     Wales,    statute  of, 

486 
New  York,  statute  of,  300 
North  Carolina,  statute  of,  308 
North  Dakota,  statute  of,  311 
Northern     Nigeria,     statute    of, 

540 
Notification  of  abandonment,  117, 
120 
to  return  for  treatment,  121 
Nova  Scotia,  statute  of,  439 


Ohxo,  statute  of,  314 
Oklahoma,  statute  of,  319 
Ontario,  statute  of,  448 
Operation,    lack     of    consent    to, 

124-129 
Orange  River  Colony,  statute  of, 

546 
Oregon,  statute  of,  322 


Parent,  liability  of,  in  full,  57-64 
for  necessaries,  57-61 
for    services    not    neces- 
saries, 61-64 
right  to  choose  dentist,  62 
Patient.    See  also  Dentist. 

duty  of,  to  compensate,  44-45 
to    present    himself    for 
treatment,44-46,50, 122 
liability  of,  for  breach  of  con- 
tract, 50-52 
negligence  of,  132 
right  of,  to  recover  fee  paid, 
76 
to  reject  work,  91-92 
to  rely  on  skill  of  dentist, 
93 
Partner,  malpractice  of,  130 
Payment.    See  also  Compensation, 
Fee. 
effect  of  part  payment,  88 
Pennsylvania,  statute  of,  328 
Person,  meaning  of,  145 
Philippine  Islands,  statute  of,  376 
Practice  of  dentistry  (see  statutes. 
Chap.  X) 
burden  of  proving,  28 
how  regulated,  22-39 
right     of    person     previously 

engaged  in,  26-27 
on  Sunday,  155 
what  is,  26,  33,  140-144 
Prescription,  liability  for  error  in, 

114 
Prince  Edward  Island,  statute  of, 

455 
Pri^^leged     communications     (see 
Confidential       communications, 
and  statutes,  Chap.  X) 


570 


INDEX 


Punishment,  for  practising  with- 
out authority,  140  (see  statutes. 
Chap.  X) 


Quality,  of  material  used,  93-94 
Quebec,  statute  of,  459 
Queensland,  statute  of,  492 


R 


Rape,  152 

Registration  of  license   (see  stat- 
utes. Chap.  X) 
as  a  prerequisite  to  practice, 

23-24,  26,  32,  140 
place  of,  32-34 
time  of,  32-33 
Reputability  of  college   (see  stat- 
utes. Chap.  X) 
meaning  of,  29 
by  whom  determined,  28 
Revocation.    See  License. 
Rhode  Island,  statute  of,  333 


Sale,  contract  of,  41-42 
Saskatchewan,  statute  of,  475 
Skill,  admission  of  lack  of,  129 

duty  to  possess  and  exercise, 
104-115,  123 
Son-in-law,  liability  of,  69 
South  Carolina,  statute  of,  335 
South  Dakota,  statute  of,  336 
Southern  Nigeria,  statute  of,  543 
State,   liabihty  of  dentist  to,   71, 
140-155        (see     also     statutes. 
Chap.  X)      _      _ 
Statutes,  constitutionality  of,  23- 
25 
governing  practice  of  dentis- 
try. Chap.  X 
Student,  right  of,  to  practice,  25, 
141    (see   also    statutory  provi- 
sions, Chap.  X) 
Subpena,  156 


Substitute,  malpractice  of,  131 
Sunday,  contracts  made  on,  48 
practising  on,  155 


Tasmania,  statute  of,  500 
Tennessee,  statute  of,  339 
Texas,  statute  of,  341 
Time  as   an   element  in  contract 

94-97 
Transvaal,  statute  of,  555 
Trial,  preparation  for,  136 


U 


Uncertainty,  statute  void  for,  37 
Unprofessional     conduct,      34-38 

(for    statutory     provisions,    see 

Chap.  X) 
Utah,  statute  of,  344 


Vermont,  statute  of,  350 
Yictoria,  statute  of,  506 
Virginia,  statute  of,  351 


W 

Waiver  of  exemption  from  testi- 
fying, 169 
Warranty  of  cure,  97-99 

of  satisfaction,  99-101 
Washington,  statute  of,  359 
Western  Australia,  statute  of,  516 
West  Virginia,  statute  of,  363 
Wisconsin,  statute  of,  366 
Witness.    See  also  Expert. 

compulsory  attendance  of,  156 
dentist  as  a,  20,  156-180 
excuse  for  non-attendance  of, 

157 
exemption    of,    from    testify- 
ing, 163-170 
fees  of,  158-163 
incrimination  of,  170 
to  prove  negligence,  134 
Wyoming,  statute  of,  369 


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